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You may wonder if it’s possible to get a DUI for weed in South Carolina.
Up to 40% of the U.S. population has tried marijuana, and as many as 12.6% of weekend nighttime drivers test positive for weed.
Shealey Law Firm explains.
Can You Get Charged with DUI for Weed in South Carolina?
Yes, you can get a DUI for weed in South Carolina. Driving while high is a violation of SC Code § 56-5-2930. If you’re pulled over, you can be arrested and charged if law enforcement has probable cause to believe that you are under the influence of weed.
Understanding South Carolina’s DUI Laws: Does Marijuana Count?
Yes, marijuana counts as DUI. In some ways, the SC marijuana DUI laws are the same as the alcohol laws. However, there are important differences.
South Carolina’s DUI marijuana law is the same law that applies to all driving under the influence charges—S.C. Code § 56-5-2930. For a driver to be guilty of DUI for weed, the following must be true:
- They must be driving a motor vehicle
- In South Carolina
- Under the influence
- Of a drug, alcohol, or combination of both
Under the influence means that the person’s ability to drive is materially and appreciably impaired. If your faculties to drive are impaired, you can face DUI charges.
South Carolina DUI Per Se Law for Weed
South Carolina does not have a legal limit for weed. There is no amount of THC that you can have in your system that automatically makes you guilty of drunk driving.
Although .08% in a breath test makes you automatically guilty of DUI for alcohol, there is nothing similar for weed.
Note: Per se marijuana drunk-driving laws vary significantly by state. As of this writing, 18 states have some kind of legal marijuana limit.
How Officers Determine Marijuana Impairment in DUI Stops
To determine marijuana impairment in a DUI stop, officers will consider the following:
- Poor driving, lane weaving, erratic driving, and speed changes
- Smell of marijuana from the vehicle
- Admissions of using weed
- Slurred speech
- Eye appearance, including red and bloodshot eyes, tracking abnormalities
- Poor coordination, including motor skills and hand-eye coordination
- Slower reaction time
- Inability to follow officer directions
- Paraphernalia found in the vehicle
The Challenges of Proving Impairment Without a Standardized Test
There is no breath test for marijuana drunk driving. The breath machines used to measure alcohol don’t detect marijuana.
In addition, there are no standardized field sobriety tests for marijuana. For alcohol, you may have heard of the horizontal gaze nystagmus (HGN), the one-leg stand, and the walk and turn. When administered correctly by a trained individual, these tests are approved for their reliability in measuring alcohol intoxication.
With marijuana, law enforcement officers are often left to guess—even if they are formally trained in drug detection—because the science is not as developed as it is for alcohol detection. Proving impairment without a standardized test can be a challenge.
This informality can be an avenue of defense. You may challenge the investigation and explain to the jury what it means that there are no standardized tests for marijuana impairment.
Penalties for Marijuana-Related DUI in South Carolina
| Offense Number | Jail | Fines |
| 1 | 48 hours-30 days (community service ok) | $400 |
| 2 | 5 days-1 year | $2,100-$5,100 (suspended as low as $1,100) |
| 3 | 60 days-3 years | $3,800-$6,300 |
| 4 | 1 year-5 years | – |
Note: South Carolina has escalating penalties for DUI-alcohol based on breath alcohol content. There are no similar enhanced penalties for driving under the influence of marijuana.
In addition to jail and fines, drivers also face license sanctions and ignition interlock device requirements.
Defenses Against a Marijuana DUI Charge
- You were not impaired by marijuana.
- Any THC in your system is a by-product and not an active intoxicant.
- There is no breathalyzer to measure weed.
- Field sobriety tests given have not been standardized by authorities.
- Chain of custody or other issues in administering a blood test
- Time passed between driving and the blood test.
- The officer’s opinion about intoxication is not reliable.
- You were not driving a vehicle.
- The officer was not in a good position to observe your driving.
The role of expert witnesses
Many DUI marijuana defenses rely on expert witnesses. Often, law enforcement officers take the stand and present their testimony with confidence. They don’t admit to the jury that the science behind marijuana DUI investigations isn’t the same as it is for alcohol.
An expert witness for the defense can explain the uncertainties in drunk driving investigations that involve weed.
You Can Fight DUI Weed Charges—A Lawyer Can Help
You can get a DUI for weed in South Carolina. However, it may be possible to fight the charges against you. Building your defenses often requires working with expert witnesses to contest the science and the story presented by the prosecution. This evidence must be prepared in advance of trial. The sooner you begin preparing your case, the better, and a lawyer can help.
Contact an Experienced Columbia DUI Lawyer
You can have an experienced Columbia DUI lawyer representing you today. Call or message Shealey Law Firm to talk about your DUI weed case and get help now.