The landscape of marijuana legalization is rapidly shifting across the United States, with more states easing restrictions on both medical and recreational use. However, South Carolina remains relatively conservative in its approach to the drug. While medical marijuana is under consideration, recreational use remains illegal.
A crucial question arises: can you be charged with DUI for driving under the influence of marijuana in South Carolina? In this read, the DUI defense lawyers at Johnson, Johnson, Whittle, Lancer and Staggs will dive deeper into this topic, with an aim to provide concrete answers.
An Overview of DUI Laws in South Carolina
In South Carolina, DUI laws are designed to protect public safety by prohibiting individuals from operating a vehicle while impaired. The state’s DUI statutes are primarily focused on alcohol impairment, with clear legal thresholds defined by Blood Alcohol Content (BAC) levels.
The legal limit for BAC in South Carolina is 0.08% for drivers aged 21 and over, 0.04% for commercial drivers, and a zero-tolerance policy for drivers under 21.
However, DUI laws in South Carolina are not limited to alcohol. The statutes also encompass impairment due to drugs, including marijuana.
According to South Carolina Code § 56-5-2930, it is illegal to drive if your faculties to drive a vehicle are impaired by alcohol, drugs, or a combination of both. This broad definition of impairment means that drivers can face DUI charges if their ability to operate a vehicle is impaired by any substance, including marijuana.
Marijuana and Impairment
The effects of marijuana on driving can be significant, though they differ from the effects of alcohol. Marijuana affects cognitive functions such as attention, reaction time, and coordination—all critical for safe driving. THC, the psychoactive component of marijuana, can impair a driver’s ability to maintain focus, judge distances, and react quickly to changes in traffic conditions.
However, measuring marijuana impairment presents unique challenges. Unlike alcohol, which has a well-established correlation between BAC levels and impairment, marijuana does not have a clear-cut threshold for impairment.
THC levels in the blood do not consistently correlate with the degree of impairment, as they can vary based on factors such as the frequency of use, the method of consumption, and individual metabolism. This makes it difficult for law enforcement to accurately assess whether a driver is too impaired to drive based on THC levels alone.
South Carolina DUI Laws and Marijuana
South Carolina’s DUI laws focus on impairment rather than specific THC limits. While some states have established per se limits for THC (similar to BAC limits for alcohol), South Carolina has not. This means that in South Carolina, a driver can be charged with DUI for marijuana if law enforcement believes the driver is impaired, regardless of the amount of THC in their system.
When a driver is suspected of being under the influence of marijuana, law enforcement may use a combination of field sobriety tests, observations of the driver’s behavior, and the expertise of Drug Recognition Experts (DREs) to assess impairment.
DREs are specially trained officers who can identify signs of drug impairment and determine whether a driver is under the influence of a specific drug, including marijuana. If a driver is arrested on suspicion of DUI, they may be subjected to chemical testing, such as a blood or urine test, to detect the presence of THC.
However, because THC can remain in the body long after its effects have worn off, the presence of THC alone is not definitive proof of impairment. Prosecutors must rely on other evidence, such as erratic driving behavior or failed sobriety tests, to build a case for DUI.
What Are the Penalties for DUI Marijuana in South Carolina?
The penalties for a DUI involving marijuana in South Carolina are severe and mirror those for alcohol-related DUIs. For a first offense, a driver can face fines, license suspension, mandatory alcohol and drug education classes, and even jail time.
Specifically, a DUI conviction for the first time can lead to a fine of up to $400, a six-month suspension of the driver’s license, and a minimum of 48 hours to a maximum of 30 days in jail.
For subsequent offenses, the penalties become increasingly harsh. A second DUI offense can lead to higher fines, longer license suspension, and more extended jail time. A third or subsequent DUI conviction is classified as a felony, carrying even more severe consequences, including significant prison time.
Beyond the immediate legal penalties, a DUI conviction can have long-term effects on your life. It can lead to increased insurance rates, difficulties in finding or maintaining employment, and a permanent criminal record that can affect various aspects of daily life.
How to Defend Yourself Against Marijuana DUI Charges
Defending against a DUI charge involving marijuana can be complex, but there are potential defenses that a skilled attorney may use. One common defense is to challenge the evidence of impairment.
Since THC levels do not directly correlate with impairment, a defense attorney may argue that the presence of THC in the driver’s system does not prove they were impaired at the time of driving.
Another possible defense is to question the accuracy and administration of field sobriety tests or the qualifications of the Drug Recognition Expert. Field sobriety tests can be subjective and are not always reliable indicators of impairment, especially in cases involving marijuana.
If the tests were improperly administered or the DRE did not follow proper protocols, the evidence of impairment may be called into question.
Get the Right Representation for a Marijuana DUI Case!
While marijuana is becoming more accepted in many parts of the country, it remains illegal in South Carolina. Driving under the influence of marijuana is against the law and can result in serious consequences. It is essential to understand the risks and to prioritize safety on the roads.
If you face a marijuana DUI charge, you may want to seek legal counsel. The team at Johnson, Johnson, Whittle, Lancer and Staggs is readily available to help you. All you have to do is call us at (803) 649-5338 for a free initial consultation!
