Missouri's Driving While Intoxicated (DWI) laws are designed to keep the roads safe by penalizing individuals who operate a vehicle while impaired by substances that affect their ability to drive. While most people associate DWIs with alcohol, the law in Missouri also applies to those under the influence of drugs, including marijuana. With the increasing legalization and normalization of marijuana use across the United States, it's crucial for Missouri drivers to understand how these laws apply to them. Despite marijuana’s legal status in some areas, driving under its influence can still lead to severe legal consequences.
In Missouri, a DWI charge can result from the influence of any drug that impairs a person’s ability to safely operate a vehicle. This includes not only illegal drugs but also prescription medications and even over-the-counter drugs. When it comes to marijuana, the law does not differentiate between medical and recreational use. If a law enforcement officer determines that your ability to drive is compromised due to marijuana use, you can be charged with a DWI. The implications are significant, as the penalties for a DWI in Missouri can be harsh, including fines, jail time, and a lasting impact on your criminal record.
One of the challenges in prosecuting marijuana-related DWIs is the lack of a simple, reliable method to measure impairment, unlike alcohol, which can be quantified through a breathalyzer test. In Missouri, law enforcement officers rely on their training to identify signs of impairment. These signs can include erratic driving behavior, the smell of marijuana, red or bloodshot eyes, slurred speech, and other physical or behavioral indicators that suggest a driver is under the influence.
If an officer suspects that a driver is impaired by marijuana, they may conduct a field sobriety test. This test typically involves assessing the driver’s balance, coordination, and ability to follow instructions. The field sobriety test is designed to reveal any impairments that might affect the driver's ability to operate a vehicle safely. However, these tests are somewhat subjective, and performance can be influenced by factors other than drug use, such as anxiety, fatigue, or medical conditions.
In addition to field sobriety tests, an officer may request a blood or urine test to detect the presence of THC, the psychoactive component of marijuana. Unlike alcohol, where there is a clear legal limit, THC does not have a defined threshold in Missouri that separates legal and illegal driving behavior. This means that even a small amount of THC in your system, which may not currently impair your driving, could still result in a DWI charge. It’s important to note that THC can remain in your system for days or even weeks after use, potentially leading to legal consequences long after the effects of the drug have worn off.
The penalties for a marijuana-related DWI in Missouri are similar to those for an alcohol-related DWI. A first-time offense can lead to significant consequences, including fines, jail time, and the suspension of your driver's license. The exact penalties depend on various factors, such as your blood THC levels, your criminal history, and whether your DWI resulted in an accident or injury.
In Missouri, a first-time DWI offense is classified as a Class B misdemeanor, which can result in up to six months in jail and a fine of up to $500. Additionally, you may face a 30-day suspension of your driver’s license, followed by a 60-day period of restricted driving privileges. If your DWI involved an accident, injury, or if you have prior DWI convictions, the penalties can be much more severe. Repeat offenses can elevate the charge to a felony, leading to longer jail sentences, higher fines, and extended license suspensions. Beyond the immediate legal penalties, a DWI conviction can have long-lasting effects on your life, including increased insurance premiums, difficulty finding employment, and a permanent criminal record.
Being charged with a DWI for driving under the influence of marijuana is a serious matter, but it’s important to remember that a charge does not equal a conviction. There are several defense strategies that can be employed to challenge a marijuana DWI charge. For example, your attorney may argue that the field sobriety test was improperly administered or that the officer lacked probable cause to make the traffic stop in the first place. Another common defense is to challenge the accuracy and validity of the blood or urine test used to detect THC. Given the complexities of how THC is metabolized and its lingering presence in the body, it may be possible to cast doubt on the claim that you were impaired at the time of driving.
Your attorney might also examine whether your rights were violated during the arrest process. For instance, if the officer failed to read your Miranda rights or conducted an unlawful search of your vehicle, these could be grounds for dismissing the charges. Additionally, it’s possible to argue that the presence of THC in your system did not necessarily mean you were impaired at the time you were driving. Expert testimony could be used to explain that THC can remain detectable long after its effects have worn off, thereby challenging the assumption that you were under the influence at the time of your arrest.
Each case is unique, and the best defense strategy will depend on the specific circumstances of your arrest. That’s why it’s crucial to have an experienced DWI defense attorney who understands the intricacies of Missouri’s DWI laws and can provide you with the best possible defense. At the Law Office of Denise Kirby, we have extensive experience defending clients against DWI charges, including those involving marijuana. Our team is dedicated to ensuring that your rights are protected and working towards the most favorable outcome in your case.
Facing a DWI charge for marijuana can be a daunting experience, especially given the potential consequences. The process typically begins with your arrest, followed by a series of legal proceedings that will determine the outcome of your case. After your arrest, you will likely be taken to a police station for booking, where your fingerprints and photograph will be taken. Depending on the circumstances, you may be released on bail or held until your arraignment, where you will formally hear the charges against you and enter a plea.
If you plead not guilty, your case will proceed to the pre-trial phase, where your attorney will have the opportunity to file motions, request evidence, and potentially negotiate a plea deal with the prosecution. During this time, it’s important to follow your attorney’s advice closely and avoid any further legal trouble. Your behavior and actions during this period can have a significant impact on the outcome of your case.
If your case goes to trial, both sides will present their evidence and arguments to a judge or jury, who will then decide your guilt or innocence. If convicted, the penalties will be determined based on the specifics of your case, including any aggravating factors such as prior offenses or involvement in an accident. Regardless of the outcome, it’s important to take a DWI charge seriously and to seek legal representation as soon as possible to protect your rights and your future.
If you find yourself facing a marijuana-related DWI charge in Missouri, it’s essential to act quickly and seek professional legal help. Our DWI defense attorneys at the Law Office of Denise Kirby are here to provide the guidance and representation you need during this challenging time. Don’t hesitate to contact us for a consultation and to learn how we can assist you in fighting the charges and protecting your future.