Picture this: You have just left a social gathering where marijuana was consumed recreationally—a practice increasingly considered socially acceptable and even legal in many jurisdictions, including Virginia. However, you get pulled over by law enforcement and suddenly find yourself facing a Marijuana DUI charge. This situation is far from trivial; it carries severe consequences that can profoundly affect your personal and professional life.

Driving under the influence of marijuana, is a legal charge levied against individuals who are suspected of operating a motor vehicle while impaired by marijuana. Much like alcohol, marijuana can affect your ability to drive safely. At Rudolphi Law, we help in navigating the intricate legal landscape surrounding Marijuana DUI.

Defining Marijuana DUI

A Marijuana DUI (Driving Under the Influence) pertains to operating a motor vehicle while under the influence due to the consumption of marijuana. The manifestations of this impairment can vary, but some common indicators include:

  • Slowed reaction time
  • Altered perception of time and distance
  • Impaired judgment
  • Coordination issues

It’s crucial to understand that the presence of THC (Tetrahydrocannabinol) in your system does not always correlate with impairment. However, Virginia’s laws on this matter can be intricate, thus demanding a comprehensive defense approach.

In Virginia, a person is considered to be driving under the influence of marijuana if they have a blood THC concentration and exhibit activity that meets the legal definition of intoxication. THC is the active ingredient in marijuana. There are a few things to keep in mind about marijuana DUIs in Virginia.

  • First, the mere presence of THC does not always correlate to DUI because the metabolite remains in your system for considerably longer than most other drugs.
  • Second, possession of marijuana in excess of a personal-use amount can result in a wholly separate charge.
  • Third, just because recreational use of marijuana has been legalized in Virginia, it does not excuse driving under the influence of marijuana or smoking while driving.

The penalties for a marijuana DUI in Virginia include:

  • Up to 12 months in jail
  • A fine of up to $2,500 with a $250 minimum
  • A driver’s license suspension for 12 months
  • Mandatory substance abuse education and treatment through the Virginia Alcohol Safety Action Program (ASAP)