What counts as driving under the influence with marijuana?

On Behalf of | Jan 17, 2025 | Arrested? |

Driving under the influence is a serious offense in New Jersey. With the evolving cannabis laws, it is crucial to understand how the state defines and enforces marijuana-impaired driving. Unlike alcohol, detecting marijuana impairment presents unique challenges for law enforcement.

How does New Jersey define marijuana-impaired driving?

In New Jersey, if you drive after using marijuana, the law considers you impaired. Unlike alcohol, no set THC level proves you are impaired. Instead, officers look at:

  • How you act and any physical signs
  • Your field sobriety tests
  • Evaluations by Drug Recognition Experts (DRE)
  • Blood or urine tests if they have them

Officers use their judgment to decide if you are too impaired to drive without a specific limit. This approach understands that THC affects everyone differently, depending on things like your tolerance and metabolism.

What methods do police use to detect marijuana impairment?

In New Jersey, police use diverse ways to spot drivers who might be high on marijuana:

  • Standard field sobriety tests (SFSTs) – You will go through tests to check your balance and coordination.
  • Advanced roadside impaired driving enforcement (ARIDE) – Officers use this to look for signs of impairment.
  • Drug recognition expert (DRE) evaluations – Experts assess your behavior and physical signs to see if you are impaired.

These methods help officers figure out if you are under the influence. Although they are not perfect, they can provide evidence for charges under New Jersey law that says you cannot drive if you are high on any substance.

Why is professional legal guidance necessary?

Marijuana DUI cases can be quite tricky. Since, there is no clear THC limit, people rely on subjective assessments. This makes it challenging to prosecute and defend these cases. A lawyer who knows DUI laws can examine the evidence against you. They will check the officer’s observations and any test results. They can help you understand your rights and defenses. This way, you can make smart decisions about your case.

Remember, facing a conviction for a marijuana DUI can affect you significantly. You might face license suspension, fines, and even jail time. You do not need to face these charges – get professional legal advice to protect your future.

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