Driving under the influence of marijuana has heavy legal and financial consequences, especially when it comes to insurance premiums. After getting convicted for a marijuana DUI, drivers can expect a significant increase in premiums since insurance companies label them as high-risk drivers. This uptick is an indicator that companies are starting to feel the liability.
Their opinions are shaped by state law and their own calculations of risk. Some insurers will go as far as to cancel coverage altogether, forcing drivers to find more specialized, higher-cost policies. A marijuana DUI has a real financial impact that could last for many times.
Yet it stays on driving records permanently and increases insurance rates. Whether you are looking to prevent a conviction or have already received one, it is important to understand how these penalties are applied. Armed with this knowledge, drivers can better understand their options and prepare to obtain the right insurance when they need it most.
Key Takeaways
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A marijuana DUI can refer to anyone who is driving while impaired by THC. This is true for alcohol-related DUIs as well and can result in significant criminal charges and penalties. It doesn't matter whether you use cannabis recreationally or medicinally; either can result in these charges.
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Just as alcohol does, THC seriously impairs your cognitive and motor skills. This impairment of reaction time and judgment can lead to accidents and unsafe driving conditions.
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State marijuana DUI laws are inconsistent, with many states imposing THC blood limits or zero-tolerance laws. Knowing the laws in your area is key to staying out of trouble.
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Like alcohol DUIs, penalties for marijuana DUIs typically include fines, license suspension, increased insurance premiums, and possibly jail time. Repeat offenses or other aggravating factors may incur more severe penalties.
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Insurance companies penalize drivers with much higher premiums following a marijuana DUI conviction. In doing so, they restrict their coverage options and mark these drivers as high-risk for multiple years.
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To avoid receiving a marijuana DUI, consider taking a rideshare service, appointing a sober driver, or preparing in advance. Support from a qualified attorney can minimize punishment when you face charges.
What Is a Marijuana DUI?
Definition of Marijuana DUI
A marijuana DUI occurs when a person operates a vehicle under the influence of marijuana. This is particularly true for THC, the active compound in marijuana, and its metabolites. The legality of marijuana DUIs is different from state to state.
Colorado places a THC blood limit at five nanograms. Next door, Georgia maintains a strict zero-tolerance policy and still has marijuana listed as a Schedule I controlled substance. Whether you use marijuana recreationally or for medicinal purposes, you can still be charged with a DUI if you drive while impaired.
Doesn't matter if your use is perfectly legal under state laws—if you're impaired, you can be charged.
How Marijuana Impairs Driving Ability
THC negatively affects cognitive and motor skills, all of which are crucial to safe driving. It impairs reaction times, judgment, and motor coordination. Research has found that impaired drivers are two times more likely to be involved in fatal crashes.
Even once the effects wear off, marijuana metabolites can remain in the body for weeks, making DUI enforcement difficult at best. This is why driving under the influence of marijuana should be deemed reckless conduct.
Legal Thresholds for THC Levels
Unfortunately, there's no THC equivalent of the national .08 alcohol level. Having recently legalized marijuana, states such as Colorado have set clear limits, while other states, such as Georgia, are zero-tolerance for THC in drivers.
Such inconsistency can lead to difficulties in enforcement.
Laws on Marijuana Impaired Driving
Marijuana DUI Laws and Regulations
State marijuana DUI laws are a mixed bag. A small handful of states maintain strict zero-tolerance policies for any detectable level of THC. Some focus on active impairment rather than the mere existence of metabolites.
For instance, Colorado enacted an impairment standard of five nanograms per milliliter (ng/mL) of THC in whole blood. By comparison, other states have little to no guidelines on DUIs that involve marijuana. This leads to a confusing patchwork of regulations that can be difficult to navigate, particularly for individuals traveling between states.
Both recreational and medicinal users face the impact since these laws often do not distinguish between prescribed and recreational use. The penalties for doing so are steep. Potential penalties may involve substantial fines, suspension of one's driver's license, required attendance at education programs, and in some cases incarceration.
In states like North Dakota, South Dakota, and Pennsylvania—leading in DUI arrests despite lacking recreational marijuana laws—law enforcement plays a critical role in detecting and penalizing offenders. Observational field sobriety tests are the norm though, and are inescapably subjective—there's no easy way to test for THC impairment on-the-spot.
Colorado experienced an astounding 29% increase in fatal impaired driving crashes between 2012 and 2016. This increase came on the heels of the state's move to legalize recreational marijuana.
How DUI Laws Define Driving
Most DUI laws broadly define “driving” to include more than the act of actively operating a vehicle. You can be charged with a DUI simply for being in physical control of a vehicle. This includes staying in the driver seat, keys in the ignition, even if the vehicle isn't in motion.
This subtlety is important to realize. For instance, parking in a lot to “wait it out” can still lead to legal consequences if law enforcement determines the driver is in control while impaired. Understanding these differences is key to preventing drivers from running afoul without realizing it.
Per Se THC Laws and Delta-8 THC
THC per se laws establish specific, measurable limits for impairment – take the aforementioned five ng/mL limit, for example. The lack of a national standard makes enforcement difficult. Delta-8 THC, a cannabinoid legal in some states, is the newest wrinkle in this already complicated issue.
It is less psychoactive than Delta-9 THC, but it does have judgment-impairing effects. Drivers who don't know what it is or that it's illegal could be caught off-guard with serious charges, particularly in states with a zero-tolerance policy.
THC can remain in your blood and be detectable for days after use. This makes things more complicated, making it crucial to know the legal implications of the different kinds of THC.
Penalties for Marijuana DUIs
Standard Penalties for Convictions
For first-time marijuana DUI offenders, penalties often include fines ranging from a few hundred to several thousand dollars, depending on the state. License suspension is the standard penalty, usually for six months to a year. In some states, convicted offenders are required to enroll in mandatory substance abuse education or treatment programs.
These programs work on addressing the underlying causes of their actions. Penalties increase for subsequent violations. Second or third convictions may result in longer license suspensions, higher fines, and possible installation of an ignition interlock device.
For instance, a second infraction could result in the driver's license being suspended for two years and fines up to $2,000. Later offenses may incur even more severe penalties, such as increased jail sentences and required rehabilitation. In others, enrollment in substance abuse treatment is mandatory after a few offenses, with little room for negotiation.
These rehab-focused programs may be well-intentioned, but they only increase the time and expense penalties of a conviction.
Aggravating Factors Affecting Sentences
Aggravating factors are very important in marijuana DUI penalties. Increased penalties for prior convictions or sentencing enhancements may be applied, particularly if the prior convictions were committed within the last ten years. States regularly adopt harsher penalties for drivers with THC levels above a certain threshold, because it proves that a driver is impaired.
Even stricter penalties apply if you cause an accident or injury while driving high. For example, inflicting bodily injury would result in felony charges and longer jail time. It's a dangerous gamble to take, especially when driving with minors in the vehicle.
Consequently, you might incur more severe penalties, such as extended license suspensions or required parenting courses.
Mandatory Minimums for Marijuana DUIs
Mandatory minimum sentences guarantee uniformity in punishment, but they rob judges of the flexibility to tailor punishment to the facts of each case. For first offenses, minimums can include a $500 fine, six-month license suspension, and enrollment in an alcohol education course.
Repeat offenders have harsher minimums, like longer jail terms or several-year license suspensions. The long-term impacts of mandatory minimums can be especially onerous. Depending on your state, a conviction can stay on your record and continue to increase insurance rates for an additional three to seven years.
Some insurers take DUIs into account for as long as ten years, resulting in increased premiums for years. For those who offend the law repeatedly, these minimums only serve to further hinder their ability to rehabilitate and re-enter society.
Impact of Marijuana DUI on Insurance
1. How Insurers Discover DUI Records
Insurance companies routinely look at driving records through state motor vehicle reports (MVRs). They want to know if you have any criminal violations, including a marijuana DUI.
It's when a marijuana DUI conviction starts to dominate your record that it can mark you as a greater risk to insurers, thereby raising your premiums. Most states require that DUI convictions be reported to insurers, so you cannot hide this conviction.
Truthfulness is important too, as insurers will find out about marijuana DUIs through a normal policy review process or new coverage application.
2. Duration of DUI on Insurance Record
In most states, a marijuana DUI will remain on your driving record for 3 to 10 years. In California, the conviction remains on one's record for 10 years.
States such as Georgia can restrict it to only 5 years. In the meantime, expect to pay higher premiums.
The continued existence of this record can result in years of economic hardship. Insurers use this outdated data to continue to mark drivers as high-risk, limiting their access to more affordable rates.
3. Potential Increase in Insurance Costs
Following a marijuana DUI, insurance rates may jump by 50-150%. For example, a $1,500 per year policy could increase to $3,500 or higher.
In the grand scheme of things, these increased costs quickly pile up, resulting in a whopping financial burden. Drivers classified as high-risk may experience restrictions on their coverage, like the need to file an SR-22.
4. Factors Influencing Rate Changes
As always, premium increases or decreases will vary based on age, location, and driving history. Younger drivers or those with multiple violations will experience larger increases.
Insurers might offer lower premiums if drivers take rehab programs or safe driving courses. These programs do not ensure reduced premiums, even for multiple offenders.
5. Long-Term Effects on Insurance Rates
The long-term effects of increased rates due to a marijuana DUI can be financially devastating. After getting several DUI convictions, premiums continue to climb, and drivers could be left without any affordable or regular insurance.
High-risk drivers usually turn to costly non-standard policies with limited benefits.
Medical Marijuana and Driving
Medical marijuana laws vary widely across the United States. Though marijuana may be prescribed for legitimate medical purposes, the drug's impact on motor skills and judgment still pose a serious danger to drivers. While each state law varies, the use of medical marijuana may still not provide an individual immunity from DUI charges.
For instance, THC—the major compound in marijuana—has been shown to slow reaction times and decrease motor coordination. This creates legal gray areas. Unlike alcohol, there is no consistent national standard for determining when someone is too high to drive. Some states continue to enforce strict zero-tolerance rules, while others focus on evidence of impairment—which is notoriously subjective.
Can Medical Marijuana Patients Drive?
Just like any other medication, medical marijuana patients can and should drive if needed, as long as they do so unimpaired. Proving impairment is problematic, at best. THC can linger in the bloodstream long after its psychoactive effects have dissipated, which is different than alcohol that metabolizes relatively quickly.
This means a legal, medical user could still test positive on a blood test up to days after using. Adding to the difficulty, there's no THC roadside test like a breathalyzer. Besides knowing the basics of how marijuana works, patients should educate themselves about state-specific laws.
For example, some states allow it to be legal to use it, but make it illegal to drive with any amount of THC detected. Ignoring or misunderstanding these laws might expose you to unexpected and unintentional legal liability.
Legal Risks for Medical Marijuana Users
There are very real legal consequences to driving after using medical marijuana. Law enforcement officers can only use field sobriety tests or their own judgment, both highly subjective means, to identify impairment. In states such as Colorado, fatal crashes with drivers testing positive for THC have increased dramatically since retail marijuana sales were legalized.
Even exposure to second-hand marijuana smoke is enough to demonstrate impairment, raising a defendant's chance of being charged. A clean driving record is important for avoiding a world of trouble. Repeated violations can lead to serious consequences, including higher insurance premiums or even loss of their license.
Differences Between Marijuana DUI and DWI
DUI vs. DWI Explained
DUI, or Driving Under the Influence, and DWI, or Driving While Intoxicated, are often terms used interchangeably. These two terms, although frequently used interchangeably, can have different legal definitions based on the state. In most states, DUI laws are built around impairment due to alcohol.
Typically, a blood alcohol concentration (BAC) of 0.08% or greater is the key piece of evidence for prosecution. While a DWI charge often is an impairment charge by drugs—marijuana, prescription meds or otherwise—DUI is more often associated with drugs, including marijuana. The tests that experts trained in drug impairment recognition use to observe whether a driver is under the influence of marijuana.
This is important, since there is no easy THC field test yet. As indicated above, the distinction applies to the issue of age. In several states, drivers under 21 are prosecuted for DWI, whereas DUI only applies to older drivers. Usually, DWI would have harsher penalties, since it often indicates greater impairment.
Knowing these differences is important, since laws and penalties you may face can be drastically different. In fact, in 2016, only 1.2 minors per 100,000 died in drunk-driving incidents, making it pretty clear that impaired driving is not okay, no matter the substance.
How They Are Treated by Insurers
Insurance companies consider DUI and DWI high-risk behaviors, but it's not that simple. DUIs can result in costly premium increases, but DWIs—usually associated with drugs and more extreme impairment—are considered more serious.
This could mean even bigger hikes or ditching of policy altogether. Long-term, either can endanger your ability to obtain affordable, quality coverage. The frightening thing is that drivers are not sufficiently educated about how these criminal records will affect their financial future.
Preventing a Marijuana DUI Conviction
Strategies to Avoid Marijuana DUI Convictions
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Use public transportation or rideshare services: After consuming marijuana, opting for public transportation or rideshare apps like Uber or Lyft reduces the chance of impaired driving. These options are simple, practical, and accessible.
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So if you're planning to use marijuana, ensure you have a sober friend or family member in the driver's seat. This decision protects all of us from unsafe drivers.
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Marijuana has been proven to slow reaction times, impair motor skills, and limit concentration. Understanding these effects is the first step to making more informed decisions about whether or not you're safe to drive.
Ways to Avoid Driving Under Influence
Planning ahead to make sure you have a safe ride home is the best way to avoid driving impaired. To start, you should plan your ride home in advance of consuming marijuana.
You can accomplish this by ordering a rideshare or mapping your trip with public transit. Community programs are a valuable resource, educating people about the dangers of impaired driving through workshops or outreach.
So whether it's through the convenience of new technology such as ride-hailing apps or other means, you can always make sure you're not driving high.
Legal Assistance for Marijuana DUI Cases
If you are facing a marijuana DUI charge, it is extremely important to get legal assistance as soon as possible. An experienced attorney can interpret complex DUI laws and present evidence like driving footage or performance to prove you weren't impaired.
In negotiation, they can work to lessen the impact of penalties or have charges dropped altogether. In a few jurisdictions, repeat DUI convictions can eventually be re-categorized as first offenses, reducing the severity of penalties.
Legal aid is critical to ensuring your rights are protected and that you remember today's mistake for as little time as possible.
Conclusion
Getting a marijuana DUI has heavy repercussions, from harsh legal penalties to insurance company retaliation. Insurance companies flag DUI convictions as proof of a driver's greater risk, resulting in premium hikes or policy cancellations. Due to these effects lingering for years, it becomes increasingly difficult to secure affordable insurance.
By staying informed and making smart decisions, we can all stay safe and protect against these dangers. Being informed about the laws, being aware of how marijuana impacts driving, and preparing in advance can go a long way. When you make responsible decisions, you not only protect yourself, you protect other drivers sharing the road with you.
Whether you're looking for a new policy or exploring your options after a DUI conviction, get quotes and inquire about insurance plans specifically designed for your needs. Those who take control of their insurance today will be able to save money and stress in the future.
Defend Your Future: Stand Strong Against Marijuana DUI in California
Facing DUI charges involving marijuana in California can be an overwhelming experience, filled with uncertainty and stress. The stakes are high—a conviction could derail your future, jeopardize your career, and disrupt your personal life. But you don't have to face this challenge alone. At Gorelick Law Office, we're here to provide the strong and experienced defense you deserve.
Our comprehensive guide on marijuana DUI in California is designed to equip you with essential knowledge about the legal process and your rights. Gorelick Law Office is committed to navigating the complexities of your case, offering a personalized approach tailored to the unique challenges associated with marijuana-related DUI charges.
Don't let fear dictate your future. Take the first step toward safeguarding your rights. Contact us for a free consultation and learn how our expertise and dedication can give you the confidence and peace of mind you need during this difficult time. With Gorelick Law Office by your side, you can confront these charges with strength and resilience. Your future is worth defending.
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