Penalties for Marijuana DWI in North Carolina: Understand the Consequences

Many residents in North Carolina are well-acquainted with the criminal offense of "driving while impaired" (DWI). However, it is important to note that this charge encompasses impairment caused by both alcohol and drugs, including marijuana. If law enforcement suspects impairment due to marijuana, you may face the same DWI charge and endure severe penalties as if you were intoxicated by alcohol.

Fortunately, proving a marijuana-related DWI can pose challenges. Currently, there is no reliable field test for marijuana intoxication, and measuring THC concentration in urine or blood does not provide a conclusive indicator of impairment while driving. To avoid consequences such as fines, license suspension, and incarceration, it is crucial to seek the expertise of experienced DWI attorneys at CMLaw-NC. We understand how to effectively combat these charges, ensuring that you can preserve your job prospects, housing opportunities, and eligibility for federal student loans without acquiring a criminal record.

Appreciable Impairment - Understanding Standards That Prove Impairment

Unlike alcohol, which has established blood alcohol standards to determine impairment, there are currently no set standards for the level of THC in the bloodstream. This poses challenges for lawmakers due to the unique properties of THC, as it can take several hours to appear in urine or blood after consumption. Moreover, THC can linger in the body for days or even weeks, making it difficult to determine the timing of ingestion or smoking. Regular users of marijuana may face a higher risk of being charged with a marijuana DWI, as the presence of THC is likely to be detected through a blood test.

To win a case in a marijuana DWI charge, the state must establish "appreciable impairment" since there is a lack of scientific evidence supporting impairment levels. This requires the officer to testify and provide evidence of noticeable impairment in your mental and/or physical faculties at a relevant time to driving. For example, the officer may testify that your judgment was impaired based on actions such as weaving over the centerline, driving too fast or too slow, tailgating, or making unsafe passes. The officer may also provide testimony regarding your performance on Standardized Field Sobriety Tests or roadside testing, which helped determine impairment. Additional evidence may include the officer detecting the odor of marijuana or observing physical signs of impairment such as bloodshot eyes.

Possible Penalties For a Marijuana DWI Conviction: Understanding The Consequences

In North Carolina, a marijuana DWI is considered a misdemeanor under state laws. The severity of the offense depends on your specific circumstances and any prior convictions. Misdemeanor DWIs are categorized into different levels based on factors like driving record, test results, previous offenses, and presence of a child in the car.

For first-time offenders without special circumstances, the punishment is usually at Level 5. A Level 5 DWI offense involving marijuana may result in a fine of up to $200 and a minimum 24-hour jail sentence. It's important to note that a conviction or refusal to take a blood test will lead to a 12-month suspension of your driver's license.

However, if convicted of a Level 1 misdemeanor for marijuana DWI, the penalties become more severe. You may face a fine of up to $4,000 and a minimum 30-day jail sentence, in addition to the administrative driver's license penalty. It's crucial to understand that a jail sentence alone can have serious consequences, including loss of employment.

For individuals with prior drug or alcohol DWI convictions, there is a possibility of facing a felony DWI charge, which carries even harsher penalties. These penalties may include a year in jail, lifetime loss of driving privileges, and the possibility of the state selling your vehicle.

It's important to be aware of the legal implications and potential consequences of a marijuana DWI in North Carolina. Stay informed and seek legal advice if needed.

Consult with us before pleading guilty to a marijuana DWI. Get expert advice and guidance to make informed decisions. Don't navigate the legal process alone. Contact us today for a consultation.

When confronted with a marijuana DWI charge, it may seem easier to plead guilty and move forward, especially for a first offense. However, this approach can have negative effects and result in more serious consequences. Our experienced criminal lawyers in Charlotte have the expertise to contest your marijuana DWI charge, helping you avoid long-lasting repercussions such as a permanent record, license suspension, hefty fines, and potential incarceration. Contact our skilled legal team for effective defense against marijuana DWI charges in Charlotte.