Marijuana DWI in Charlotte, NC

Everyone knows that a DWI can involve alcohol, but intoxicated driving charges are not reserved for drunk driving. North Carolina residents can also be arrested and charged with Driving While Impaired (DWI) if caught under the influence of marijuana while driving a motor vehicle.

If you are arrested for a marijuana DWI, contact a Charlotte marijuana DWI lawyer at Randall & Stump, Criminal Defense Attorneys immediately. We will investigate the situation and help you avoid the harshest consequences. Call us today at (980) 237-4579 or use our online contact form to schedule a consultation.

North Carolina Marijuana Laws

North Carolina marijuana laws are among the strictest in the United States. Possession of any amount of marijuana is illegal, although possession of less than 0.5 ounces is decriminalized and punishable only by a fine. Possession of more than 0.5 ounces is a felony, and the penalties increase with the amount of marijuana possessed.

Driving while impaired (DWI) by marijuana is a crime in North Carolina. North Carolina law does not have a specific limit for THC (the psychoactive compound in marijuana), meaning that you can be convicted of a DWI even if you have a small amount of THC in your system. The prosecution must prove that you were impaired to the point where you could not safely operate a vehicle under the law.

Is a Marijuana DWI Different from Drinking and Driving?

A DWI due to impairment caused by marijuana is similar to drinking and driving; however, there are some distinct differences, including:

• Effects: Alcohol and marijuana have different effects on the body and mind. Alcohol is a depressant, which slows down the central nervous system. Marijuana can be a depressant but also has hallucinogenic properties, which can alter perception and mood.
• Impairment: Both alcohol and marijuana can impair driving ability but in different ways. Alcohol can impair coordination, judgment, and reaction time. Marijuana can impair cognitive function, memory, and attention.
• Detection: Alcohol can be easily detected in the bloodstream with a breathalyzer test. Marijuana is more challenging to detect, and there is currently no standardized test for measuring THC levels in the blood.
• Legal Limits: In North Carolina, there is a limit for blood alcohol concentration (BAC) of 0.08%. This means that if a driver has a BAC of 0.08% or higher, they are automatically considered impaired and can be charged with DWI. There is no specific limit for THC levels in the blood, which may make proving impairment more difficult for the prosecution.

Marijuana Impairment Can Bring DWI Charges

It is illegal to drive under the influence of any impairing substance, including alcohol, drugs, and marijuana. You can be convicted of driving while impaired by marijuana even if you have a small amount of THC in your system.

Here are some tips to avoid a DWI due to impairment caused by marijuana:

• Plan ahead and arrange for a ride if you know you will be using marijuana.

• If you are impaired by marijuana, do not drive.

Remember, driving while impaired by marijuana is a dangerous crime that can have serious consequences.

DWI Testing and Signs of Impairment

Law enforcement officers use DWI testing and signs of impairment to determine whether a driver is under the influence of alcohol, marijuana, or drugs.

DWI testing can include:

• Field Sobriety Tests: These tests assess the driver’s balance, coordination, and cognitive function. Common field sobriety tests include the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus (HGN) test.
• Specialized Testing by a Drug Recognition Expert – There is no breath test for marijuana, but experts can be trained to recognize signs of impairment and evaluate suspects with specific tests.
• Breathalyzer Test: This test measures the amount of alcohol in the driver’s bloodstream.
• Blood Test: This test is more accurate than a breathalyzer test, but it takes longer to get the results.

Signs of impairment that law enforcement officers may look for include:

• Slurred speech
• Difficulty walking or maintaining balance
• Bloodshot eyes
• Dilated pupils
• Flushed face
• Drowsiness
• Confusion
• Disorientation
• Odor of alcohol or marijuana

If a law enforcement officer suspects a driver is impaired, they may ask the driver to perform field sobriety tests. It is important to note that even if a driver passes a field sobriety test or breathalyzer test, they can still be arrested for DWI if the officer has reasonable suspicion that they are impaired.

Can You Refuse a Test?

Technically, you can refuse a blood draw and field sobriety testing if you are suspected of driving while impaired while under the influence of marijuana, but there are consequences for doing so.

North Carolina is an implied consent state. This means that you consent to a chemical analysis of your blood, breath, or urine by driving on a North Carolina road, highway, or public vehicular area. If you refuse a DWI test, your driver’s license will be revoked for one year.

Even if you refuse a test, the officer can still arrest you for DWI based on other factors, such as your driving behavior and performance on field sobriety tests.

Here are some things to consider when deciding whether or not to refuse a DWI test:

• If you refuse a test, your driver’s license will be revoked for one year, even if you are not convicted of DWI.
• The officer can still arrest you for DWI based on other factors.
• The prosecution may use your refusal against you in court.
• If you take a DWI test and the results show you are impaired, you could still face criminal penalties, but you may have a stronger defense case.

North Carolina Marijuana DWI Penalties

If you are arrested for driving while impaired by marijuana in North Carolina, you could face penalties, including:

• A fine of up to $2,000
• Imprisonment for up to two years
• A driver’s license suspension for up to one year

If you are convicted of driving while impaired by marijuana more than one time, you could face even harsher penalties, including a felony conviction and a longer driver’s license suspension.

It is important to note that even if you are not convicted of driving while impaired by marijuana, you could still face penalties from the North Carolina Department of Motor Vehicles (DMV). The DMV may suspend or revoke your driver’s license if they determine you are a danger to yourself or others.

Defending Against Marijuana DWI Charges in North Carolina

Several defenses can be used to defend against marijuana DWI charges in North Carolina. Some of the most common defenses include:

• Lack of impairment: The prosecution must prove that you were impaired to the point where you could not safely operate a vehicle. If you can show that you were not impaired, you may be able to have your charges dismissed.
• Illegal Traffic Stop: If the police officer did not have a valid reason to pull you over, the evidence obtained during the stop may be inadmissible in court. If you can show that the traffic stop was illegal, your charges may be dismissed.
• Inaccurate Test Results: Field sobriety tests and DRE tests are not always accurate. If you can show that the tests were not administered correctly or that the results were misinterpreted, you may be able to have your charges dismissed.

Remember, you are innocent until proven guilty. If you are charged with marijuana DWI, you have the right to defend yourself.

Marijuana DWI FAQs

If you’ve been arrested or charged with a marijuana DWI, you likely have many questions. The attorneys at Randall & Stump, Criminal Defense Attorneys have the answers.

What is the legal limit for THC in North Carolina?

There is no legal limit for THC in North Carolina. That means you can get a marijuana DWI with any amount of THC in your system as long as the police officer determines you are impaired while driving.

How long will a marijuana DWI conviction stay on my record?

A marijuana DWI conviction will stay on your record permanently in North Carolina and cannot be expunged.

What should I do if I’m pulled over for a suspected marijuana DWI?

If you are pulled over for a suspected marijuana DWI, it is important to be polite and cooperative with the police officer. However, you should also be aware of your rights.

Here are some tips for what to do if you are pulled over for a suspected marijuana DWI:

• Be polite and cooperative. Do not argue with the police officer or try to talk your way out of the situation.
• Do not admit to anything. Even if you have been using marijuana, do not say so to the police officer.
• Contact an experienced marijuana DWI lawyer as soon as possible. An attorney can help you understand your rights and options, and they can develop a strong defense strategy on your behalf.

Contact a Marijuana DWI Lawyer Today

If you need to know how to beat a marijuana DWI, you should immediately contact a drugged driving attorney at Randall & Stump, Criminal Defense Attorneys. We know the marijuana laws in North Carolina and will fight for your rights throughout the legal process.

Call us today at (980) 237-4579 or use our online contact form to schedule a consultation of your case.