Available 24/7
About 22,000 people get arrested for DUI each year in South Carolina. The CDC reports that 4.7% of people report driving under the influence of marijuana. You may wonder – Can you get a DUI for weed in South Carolina?
Shealey Law Firm explains DUIs for marijuana, weed, and cannabis in South Carolina.
Can you get a DUI for weed?
Yes. S.C. Code § 56-5-2930 prohibits driving under the influence of alcohol, any drug, or a combination of alcohol and drugs.
That includes marijuana or weed. If you are under the influence of marijuana to the point that your ability to drive is materially and appreciably impaired, you may be convicted of drunk driving.
Understanding South Carolina’s DUI Laws Regarding Marijuana
- South Carolina’s DUI law includes marijuana, also called weed, grass, or pot. The active ingredient is THC – delta-9-tetrahydrocannabinol.
- The law that criminalizes driving under the influence of weed is S.C. Code § 56-5-2930. It is the same law for DUI involving alcohol.
- A conviction may result in jail time.
- There are some important differences in driving under the influence of marijuana as compared to alcohol.
- You have the right to legal representation for a marijuana DUI charge.
The South Carolina DUI law prohibits driving impaired by:
- Alcohol
- Drugs
- Combination of alcohol and drugs
The definition of drugs is expansive. It includes weed, and any product containing the active ingredient of marijuana; it also includes prescription drugs.
Penalties for DUI Involving Marijuana
- First Offense
- 2-30 days jail
- $400 fine
- 6 months – license suspension
- Second Offense
- 5 days-1 year jail
- $2,100-$5,000 fine
- 1 year – license suspension
- Third Offense
- 60 days-3 years jail
- $3,800-$6,300 fine
- 2 years – license suspension, 4 years if the offense is within 5 years of the first
- Vehicle confiscation – If the offense is within 10 years of the first
- Fourth or More
- 1-5 years jail
- Permanent – license revocation
With assessments, fees, and surcharges, the actual cost for a conviction can be much higher.
How Law Enforcement Detects Marijuana Impairment
When you think of a DUI arrest, you may think of the breathalyzer test, but marijuana doesn’t show in a breath test. It’s completely ineffective to test for marijuana use. Instead, law enforcement officers rely on other things to make their case, including:
- A blood draw or urinalysis
- Pupil and eye observation, tremors, sensitivity, dilation
- Odors
- Physical coordination and divided attention testing
- Demeanor, including relaxed, lethargic, slow, carefree
- Driving behaviors
Most commonly, law enforcement will seek a blood test following arrest.
Is there a legal limit for marijuana in South Carolina?
There is no per se law for DUI marijuana. There is no level of the active ingredient of weed for which a person is automatically guilty of driving impaired. The drunk driving per se law, S.C. Code § 56-5-2933, applies to alcohol only.
South Carolina DUI laws call for enhanced penalties for offenders with high bodily alcohol contents. There is no sentencing enhancement for high levels of weed. For any DUI involving weed, law enforcement must show that THC influenced the person’s ability to drive.
Why You Need Legal Representation for a Marijuana DUI Charge
Having legal representation for a marijuana DUI charge can make a significant difference in the outcome of a case. Despite marijuana use now being widespread, it is often still poorly understood by law enforcement. This can lead to mistakes in an investigation; you can identify these mistakes and raise the issues in court. In addition, state attorneys may make charging errors. The use of an expert witness may be outcome-determinative in a case.
One thing to investigate is the drug test result, and the active ingredient of THC as compared to metabolites. THC metabolites can be detected in the body for up to 30 days after use. That doesn’t mean that you’re under the influence of marijuana for 30 days after consumption. Instead, law enforcement must correctly distinguish between the active ingredient of marijuana and the byproduct. They must prove that consumption of marijuana influenced your ability to drive.
If it sounds like there are many opportunities to question a DUI-for-weed arrest, you’re right. There are areas where law enforcement may not have the knowledge to conduct an effective investigation. They may draw incorrect conclusions. You need legal representation for a marijuana DUI charge to identify these issues.
Recent Changes and Developments in Marijuana DUI Laws
DUI marijuana laws continue to change and develop. Experts continue to study whether the science behind DUI marijuana laws is sound. One study questions whether cannabis use increases the odds of a traffic crash. Another questions the efficacy of the Drug Recognition Expert (DRE) program on which so many law enforcement agencies rely. Some South Carolina lawmakers want to limit police searches based on the smell of weed. A bill in the 2023-24 legislative session proposed removing marijuana as a Schedule I drug in South Carolina.
Contact a Lawyer
Being charged with DUI for smoking weed isn’t the same as being convicted; you have the right to fight the charges against you. You can have the help of Shealey Law Firm. We represent people facing DUI charges, including for marijuana. Contact us today.