How Is A Marijuana DUI Different Than An Alcohol DUI?

Marijuana is now legal for recreational use in Maryland. However, the laws surrounding driving under the influence of drugs or alcohol have not changed. Nonetheless, legalization has complicated issues relating to DUI, and it’s important to understand how. In this article, the Bel Air, Maryland DUI defense lawyers at Schlaich & Thompson, Chartered will discuss marijuana DUI and some of the complexities surrounding these cases.

Do “per se” laws apply to marijuana? 

Under Maryland law, anyone caught with a blood alcohol content (BAC) of .08% or more is considered automatically impaired. It doesn’t matter if you can drive fine or think you can drive fine. You’re still considered impaired if your BAC is at or above .08%.

By contrast, no such “per se” law exists for marijuana. There are two main reasons for this. First, there is no universal standard that everyone can agree on for what constitutes unlawful intoxication when it comes to marijuana. Further, the active component marijuana (“THC”) can remain detectable in the body for weeks or even months after an individual has taken their last hit. This makes establishing a direct link between THC levels in the body and driving impairment quite difficult. Police instead tend to rely on field sobriety tests to determine if an individual is too impaired to drive.

In addition, there is a considerable amount of variation from state to state. Some states have zero-tolerance policies, which means that any detectable amount of THC can result in a DUI. Others have specific nanogram limits per milliliter of blood. Others (like Maryland) have no per se limits at all. Police instead rely on observable impairment at the time you are pulled over.

Proving marijuana impairment presents unique challenges 

Police and prosecutors must establish that you were impaired by marijuana beyond a reasonable doubt. However, the subjectivity of standardized field sobriety tests makes them unreliable for court purposes. Field sobriety tests can’t isolate different types of impairment, and driving performance can be impacted by factors unrelated to marijuana use such as fatigue, anxiety, or pre-existing medical conditions.

The State of Maryland relies on Drug Recognition Experts (DREs) who are trained to identify drug-induced impairment. However, the science related to these “experts” is debated and their testimony can be challenged in court. By nature, their assessments rely on subjective observation which leaves room for bias and error.

Lastly, marijuana lacks something like a breathalyzer that can determine whether or not you’ve had anything to drink. At present, there is no reliable roadside test to determine if an individual is impaired (at that time) by marijuana. Blood tests are typically used to determine marijuana intoxication, but the State of Maryland does not have any standardized test to determine the presence of THC.

Talk to a Bel Air, Maryland Marijuana DUI Defense Lawyer Today 

Schlaich & Thompson, Chartered represents the interests of individuals who have been pulled over and accused of being intoxicated behind the wheel. Call our Bel Air criminal lawyers today to schedule an appointment, and we can begin preparing your defense immediately.