Highway Haze: Clearing the Air on Marijuana & Driving
From understanding the penalties for a marijuana-related DUI to the consequences of having an open container of marijuana in your vehicle, our FAQ has answers.
Q: Is it legal to drive under the influence of marijuana in Missouri?
A: No, it is illegal to operate a motor vehicle while under the influence of marijuana in Missouri. Driving under the influence of any impairing substance, including marijuana, is considered a serious offense.
Q: What are the legal limits for THC in Missouri?
A: In Missouri, there is no level of THC permissible while driving.
Q: Can I be arrested for a DUI if I have a medical marijuana card?
A: Yes, having a medical marijuana card does not exempt an individual from being charged with a DUI if they are impaired while driving. The legal limits for THC still apply, and impaired driving can result in criminal charges regardless of the reason for marijuana use.
Q: Can I be pulled over solely based on the smell of marijuana in my car?
A: The smell of marijuana alone may not be sufficient grounds for a traffic stop in Missouri. However, if an officer observes other traffic violations or has reasonable suspicion of other criminal activity, they may initiate a traffic stop and further investigate the situation, including the possibility of impaired driving.
Q: What are the penalties for a marijuana-related DUI in Missouri?
A: The penalties for a marijuana-related DUI in Missouri can vary depending on factors such as prior convictions, the level of impairment, and other circumstances. A first-time DUI is a class B misdemeanor that could come with up to a $500 fine, a 30-day license suspension, and up to 6 months jailtime. You may also be required to participate in a Substance Abuse Traffic Offender Program.
Q: Can my blood or urine test be used against me in court if I refuse testing?
A: In Missouri, drivers give implied consent to submit to chemical testing for impairment if arrested for a DUI. Refusing to take a chemical test can result in the immediate suspension of your driver’s license and could be used against you in court as evidence of impairment.
Q: Can I face legal consequences for having an open container of marijuana in my vehicle?
A: Yes, it is illegal to have an open container of marijuana in a motor vehicle in Missouri. Similar to open container laws for alcohol, having an open container of marijuana within reach of the driver or passengers can result in legal consequences.
Q: Can I still be charged with a marijuana-related DUI if I consumed marijuana legally in another state or jurisdiction?
A: Yes, you can still be charged with a marijuana-related DUI in Missouri even if you consumed marijuana legally in another state or jurisdiction. Each state has its own laws and regulations regarding impaired driving, and it is the laws of the state where the offense occurs that will apply.
Q: Can a marijuana-related DUI conviction affect my driving record and auto insurance rates?
A: Yes, a marijuana-related DUI conviction can have long-term consequences on your driving record and auto insurance rates. A DUI conviction can result in points on your driving record, increased insurance premiums, and potential difficulties in obtaining affordable insurance coverage.
Strong Marijuana-Related DUI Defense in Missouri
If you find yourself facing a marijuana-related DUI in Missouri, contact Richard H. Sindel, Attorneys at Law. Don’t wait until it’s too late – take action now and contact our team for a free consultation.
