In all states DUI, driving under the influence, and DWI, driving while impaired, apply to both alcohol and drugs. Drugs can be prescription medications or illegal drugs which include both medical marijuana and illegal marijuana. Marijuana related car accidents can carry the same penalties in both criminal and civil procedures as driving under the influence of alcohol.
Effects of Marijuana on Driving Ability
THC or delta-9-tetrahydrocannabinol is the active chemical in marijuana that produces the changes in brain functioning associated with consumption of the drug. In studies the effects of marijuana on driving include:
• Decreased reaction time to emergency responses• Impaired coordination• Difficulty in processing visual and auditory information• Inability to think clearly
Individuals may have different reactions to marijuana use based on frequency of use, amount smoked, type of marijuana used and if it was combined with alcohol or other types of prescription or illegal drugs.
Proving Marijuana Use
Each state has different laws on DUI, DWI and marijuana use. Generally most individuals pulled over will violate some other traffic law such as driving without due care and attention, failing to stop at a stop sign or failing to maintain a lane. Typically in most states the arresting officer will request a breathalyzer, field sobriety test and will search the vehicle for drugs or drug paraphernalia. If drugs or drug paraphernalia is found, charges can be added such as possession and transporting. In the case of a marijuana related car accident often the odor of pot combined with the physical appearance of the individual deemed to be at fault is all that is needed for the charge to occur.
When alcohol is not detected with the breathalyzer, the arresting officer may request a drug test. This will vary based on state laws and law enforcement protocols. These tests can include urine or blood tests which would then show the presence or absence of THC, leaving the driver open for civil lawsuits from the accident.
Liability Issues and Legal Help
In marijuana related car accidents the driver found to be under the influence can be sued in civil court for property damage, personal injury, pain and suffering and medical expenses. There are also significant fines and long term impact on your driving record and possibility insurance rates as well. Seeking legal help if a marijuana related car accident occurs is essential, particularly with the lack of a legal limit requirement in proving impairment.
