When most people think of driving under the influence, or “DUI,” they tend to think of the offense as it relates to . While it’s certainly true that most DUI arrests are alcohol-related, it’s important to understand that most state laws regarding DUI also criminalize driving under the influence of other drugs in addition to alcohol.
For example, Connecticut’s DUI statute1 states that “A person commits the offense of operating a motor vehicle while under the influence of intoxicating liquor or any drug or both if such person operates a motor vehicle (1) while under the influence of intoxicating liquor or any drug or both.”
As a result, people who drive a vehicle while they are under the influence of marijuana can be subject to the same penalties as those who drive drunk, including significant fines, the loss of their driver’s license, probation, community service, and even jail time. Additionally, college students may also face sanctions imposed by their school because DUI is generally a violation of the college’s code of conduct.
Law Enforcement is Watching for Drivers Impaired by Marijuana
It’s undeniable that public attitudes towards marijuana have changed significantly in the past 20 years. Today, most states allow some form of medical marijuana use, and Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Washington, and the District of Columbia have all legalized recreational marijuana.
While the use of marijuana has become more acceptable in society, driving under the influence of the drug has not. In fact, in states where medical marijuana is legal, law enforcement and safety advocates have begun to pay more attention to marijuana DUI. For example, in Colorado, there is a separate provision in the DUI law that addresses the level of tetrahydrocannabinol (THC) that a driver may have in his or her bloodstream, much like a blood alcohol concentration limit. Additionally, private companies are racing to develop a “marijuana breathalyzer”2 that would allow police to determine whether a driver was high during a traffic stop.
Critics of THC testing point out that the substance stays in the body long after the intoxicating effects of marijuana have worn off, which means that blood tests for THC do little to tell us whether a person was high at the time he or she was driving. Furthermore, there is no scientific consensus as to what level of THC corresponds to a particular level of impairment.
Regardless of the feasibility of testing drivers for marijuana, the fact remains that more permissive attitudes have resulted in law enforcement officers being on the lookout for drivers who may be stoned. Additionally, police officers do not necessarily need tests to determine whether a person has been using marijuana, as its distinctive smell and the common signs of intoxication that users display can be sufficient to justify an arrest and conviction.
College Codes of Conduct and DUI
There are often significant differences in academic institutions’ codes of conduct, but most address DUI and the use of illegal drugs. A college or university can impose several potential sanctions on an individual who has been arrested for violating these provisions, including the following:
- Participation in drug or alcohol counseling or education
- Formal reprimand
- Probation
- The loss of a scholarship
- Dismissal from a team
- Loss of financial aid
- Deferred suspension
- Suspension
- Expulsion
In most cases, a first-time marijuana DUI will not result in the most severe of these consequences. Remember, however, that multiple drug-related violations might.
A Marijuana DUI Can Result in Long-Term Consequences
It is critical to understand that even if the legal and academic consequences of a marijuana DUI seem relatively minor, a conviction could have a significant impact on your life, both academically and professionally. For example, if you plan to continue your studies after college at a graduate or professional school, you will need to disclose the incident in your application, which could hurt your chances of admission. Similarly, any employer who requires a background check as a condition of employment will learn about your conviction for a drug-related DUI, and many employers are hesitant to hire people who have a history of problematic drug or alcohol use.
The attorneys at Koffsky & Felsen, LLC are aware of the potentially serious consequences associated with facing college code violations and a criminal case concurrently. Attorneys Bruce Koffsky and Audrey Felsen are experienced college code violation and criminal defense lawyers who understand how to defend against allegations of marijuana-related DUI and other criminal matters. To schedule a consultation, call our office today.
1 https://www.cga.ct.gov/current/pub/chap_248.htm#sec_14-227a
2 https://www.cnbc.com/2016/11/07/the-race-to-create-a-marijuana-breathalyzer.html
