Marijuana is one of the most common drugs involved in Driving Under the Influence (DUI) arrests. Now that the drug is legal for medicinal and adult recreational use in California, some users think they can drive while under its influence. However, driving while high is illegal and can result in serious penalties.
If you’ve been arrested for driving while high, you might be wondering how long after smoking weed can you get a DUI. Unfortunately, there isn’t a cut-and-dry answer to this question. Whether or not you get a DUI depends on several different factors. Fortunately, a Los Angeles DUI lawyer can provide more information on this subject.
How Long After Smoking Week Can You Get a DUI?
The chemical component of marijuana that leads to a high is called THC. It’s important to note that THC can stay in your system for up to 30 days. However, the initial high caused by the chemical only lasts a few hours. Its effects are most powerful in the first 30 minutes after use, but effects can be delayed if the drug is ingested instead of smoked.
In fact, the California Office of Traffic Safety (OTS) says people who drive immediately after using increase their risk of crashing by 25 to 35% as impairing effects take effect quickly. Even though THC can remain in your system for weeks, it’s not likely that you’ll get a DUI a week or even a day after you consume marijuana.
You’re most likely to get pulled over and given a DUI during the first few hours after consuming marijuana. Remember, law enforcement probably won’t pull you over unless you’re driving carelessly or exhibiting other signs of intoxication. So even if you have a trace amount of marijuana in your system, it isn’t likely that you’ll get arrested and charged.
That said, everyone’s body processes drugs like marijuana differently. Some people may not exhibit any signs of intoxication, while others may be unable to drive for the rest of the day after using marijuana. If you’re unsure how long after smoking weed you can get a DUI, it’s best to avoid driving and call a taxi or rideshare service instead.
What if I Only Smoke Marijuana for Medical Reasons?
Whether you consume marijuana recreationally or medically doesn’t change how long after smoking weed you can get a DUI. Even if you use medical marijuana under a doctor’s care, you’ll still feel the effects of THC and cannot legally drive. THC is a powerful psychoactive ingredient. While under its influence, you may experience the following:
- Memory problems
- Impaired judgment as your brain processes information differently when under THC’s influence
- Slow reaction times
- Problems with balance, coordination, and motor skills
Clearly, these effects impact your ability to drive safely, so even if you are using marijuana medicinally, a prescription does not get you off the hook legally. If you’ve made the mistake of driving while high and have been arrested for driving under the influence (DUI), speak with an attorney. They can develop a defense strategy on your behalf and fight your charges.
When Law Enforcement May Suspect Drugged Driving
Law enforcement cannot pull you over for no reason. You cannot simply be pulled over and tested for THC without cause. An officer would have to witness behaviors demonstrating drugged driving to arrest you and order a test. Behaviors likely to raise an officer’s suspicion include:
- Swerving or reckless driving
- Hitting another vehicle
- Ignoring traffic signals
- Driving too slowly or speeding
- Weaving in and out of lanes or between cars
Once the officer pulls you over, they’ll look for other signs of impairment. For example, you or your vehicle may carry the odor of marijuana, and you may appear drowsy, speak slowly or with slurred words, or have red or watery eyes. These are all indicators that can lead to an arrest.
While knowing how long after smoking weed you can get a DUI can help you avoid legal consequences, it’s best to play it safe and wait until you’re completely sober to drive. Doing so will protect you and other drivers on the road.
What Happens After a Marijuana DUI Arrest?
Once arrested, you will undergo a blood or urine test, which will show whether there is THC in your system. Since there is no current “legal limit” threshold for THC as there is for blood alcohol concentration (BAC), you could face penalties even if you have a seemingly minor amount of THC in your system.
However, THC levels alone are not considered conclusive evidence of impairment. Law enforcement officers will determine whether you’re charged or not based on your driving behavior, signs of impairment, and other factors.
If you are charged with a DUI, you’ll want to hire a skilled attorney as soon as possible. Your lawyer will investigate to determine if law enforcement overstepped their authority or otherwise violated your rights and will consider all factors, such as habitual marijuana use, that may have contributed to your blood test results.
How a DUI Defense Lawyer Can Fight Your Charges
In addition to determining how long after smoking weed you can get a DUI, an attorney can take a number of steps to help you avoid an impaired driving conviction. One of the most common ways that DUI lawyers fight weed-related charges is by explaining that their client is a habitual marijuana user.
THC is almost always present in a habitual marijuana user’s system, even if they are not experiencing a high. While this constant THC presence does produce evidence of guilt in blood and urine tests, a skilled Los Angeles DUI Attorney can use it as part of your defense. They can claim your regular use caused the presence of THC and that you didn’t smoke before driving.
An attorney can also take the following steps to help you navigate the DUI legal process:
- Gather evidence like police reports, dashboard camera footage, body camera footage, blood test results, and witness testimonies
- Analyze evidence and use it to construct a compelling DUI defense strategy
- Negotiate with prosecutors to get your charges reduced
- Represent you during DMV hearings and trials
- Fight to get your charges dropped
- Help you get a weed-related DUI expunged
- Advise you on how long after smoking weed you can get a DUI
Get Started on Your Weed-Related DUI Defense Case
Now that you know how long after smoking weed you can get a DUI, it’s time to take action and defend yourself against the charges you’re facing. That said, you won’t want to enter legal proceedings alone. Instead, it’s recommended that you hire a seasoned attorney.
Contact a Los Angeles DUI lawyer to get the legal advice and resources you need to navigate the legal process with ease and confidence. We’ll answer any questions you have about your case and give you the information you need to get the best results possible.
