Can I Get a DWI for Driving Under the Influence of Marijuana?
Marijuana is illegal in most U.S. states, including Missouri. As with alcohol or controlled substances, a person who chooses to drive while under the influence of marijuana can be charged with a DWI if an officer pulls them over. In addition to DWI charges, drivers may also face additional penalties for possession.
With an alcohol-related DWI, drivers are legally permitted to have a blood alcohol concentration (BAC) of less than .08 percent. However, when marijuana is involved, any amount of the substance found in the driver’s blood or urine can establish unlawful intoxication (Missouri Statute § 577.010).
Penalties for marijuana-related DWI vary according to whether the offense is a first or subsequent conviction:
- First offense: Up to six months in jail, mandatory counseling, and a 30-day mandatory license suspension.
- Second offense within five years: Five days to one year in jail, 30 days of community service, a fine of up to $1,000, and a two-year license suspension.
- Third offense: 60 days to up to four years in prison, 60 days of community service, a fine of up to $5,000, and a three-year license suspension.
- Fourth offense: 60 days to up to seven years in prison, 60 days of community service, a fine of up to $5,000, and a three-year license suspension.
- Fifth offense: Five to 15 years in prison and at least a three-year license suspension.
These penalties can be increased if alcohol was also involved, or if the defendant is a minor.
Criminal Defense Attorneys in St. Louis
When it comes to criminal defense, experience matters. Our firm has more than 30 years of criminal law experience, including former prosecution experience. This insight into how the “other side” operates, as well as our knowledge of how St. Louis courts handle marijuana-related DWI cases, allows us to better represent our clients. When you work with The Hammer Law Firm, LLC, it may be possible to have your charges reduced so that you will not have to face the maximum penalties.
If you are facing charges for driving under the influence of marijuana, it is urgent that you consult with a St. Louis DWI defense lawyer at The Hammer Law Firm, LLC as soon as possible. To request a consultation with a member of our award-winning team, call (888) 494-1393 today.