Marijuana DWI in St. Louis

Have You Been Arrested or Charged for a Marijuana DWI in St. Louis?

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Missouri law prohibits operating a motor vehicle in an intoxicated or drugged condition—under the influence of alcohol, a controlled substance, or a drug, including marijuana.

When you obtain a driver’s license in Missouri, you give implied consent to a chemical test of your breath, blood, or urine if you are arrested for DWI upon probable cause.

Refusal of this test results in your license being suspended for a year. However, you can request to speak to an attorney regarding the chemical test, but that gives you just 20 minutes to provide law enforcement with an answer.

If a police officer stops you for drunk driving or drugged driving, including marijuana, tell them that you would like to speak with your attorney before consenting to a drug or alcohol test. Then contact an experienced DWI attorney at Rose Legal Services, so we can offer you support and guidance.

What Happens When I Get a Marijuana DWI in Missouri?

When an officer stops you under the suspicion of drugged driving, they might ask you to take field sobriety tests to determine if you are impaired. The officer may also ask for a breath test or a test of your blood or urine.

If the police officer determines that you are driving impaired, you can be arrested. Contrary to popular belief, a charge for driving while on drugs is not more serious than a charge for driving under the influence of alcohol. Both types of DWI have the same penalties.

How Can Authorities Tell If You Have Marijuana in Your System While Driving?

When a law enforcement officer stops you and smells marijuana in your vehicle, they might think you have the drug in your system, especially if you are alone in the car.

If you have others in the vehicle, you could be driving sober while the others are smoking it. Still, the officer would have good enough reason to ask you for a test.

If the police officer suspects you’re driving while impaired, they’ll probably ask you to take a blood, saliva, or urine test. These tests confirm whether or not you have marijuana in your system. However, they cannot determine your marijuana use amount or when you used it.

This means a DWI attorney can dispute the results of these tests.

While blood and urine tests are common ways to test for drug usage under Missouri marijuana DUI law, the police officer can use physical evaluations, such as your coordination, reaction time, and eye movement control. The results of these evaluations can be used as evidence in court to show that you were driving while under the influence of drugs.

Finally, the police officer can look at physical attributes that indicate marijuana intoxication. For example, dilated pupils, red eyes, and rapid breathing are all symptoms of smoking marijuana.

Marijuana DWI Penalties

DWI penalties for driving under the influence of marijuana are the same penalties for driving under the influence of alcohol. The penalties get harsher for each subsequent offense.

The first offense is a Class B misdemeanor.

The penalties include:

• Jail for up to six months
• Participation in a traffic offender program for substance abuse (SATOP)
• A fine of up to $1,000

A second offense within five years of your first offense can be charged as a Class A misdemeanor. Penalties include up to a year in jail with a mandatory minimum sentence of 10 days or 240 hours of community service and a fine of up to $2,000.

A third offense is a felony Class E (persistent offender). The penalties include two to four years of jail time and a fine of up to $10,000. You must also serve up to 60 days—with a DWI mandatory minimum of 30 days—in jail.

A fourth offense is a felony Class D (aggravated offender). Penalties include two to seven years in prison and a fine of up to $10,000. This also consists of a mandatory minimum sentence in jail for 60 days.

A fifth offense is a felony Class C (chronic offender).

The penalties include:

• A mandatory two years in prison
• Up to ten years in prison
• Denial of your license for ten years
• A fine of up to $10,000.

A sixth offense is a felony Class B (habitual offender). The penalties include a two-year mandatory prison sentence, up to 15 years in prison, and denial of your license for ten years.

Frequently Asked Questions About Marijuana DWIs

Can you test for marijuana while driving?

Yes. While the officer does not have a way to test and obtain results immediately, Missouri marijuana laws allow them to place you under arrest and take you to the police station, where you will take a blood or urine test.

Is it illegal to drive under the influence of marijuana in St. Louis?

Is it illegal to drive under the influence of marijuana in St. Louis?

Are sobriety checkpoints allowed in Missouri?

Yes. Missouri police officers can create checkpoints at any time and place to check drivers for drug and alcohol use. If you try to skip the checkpoint, this gives the officer reason to believe you’re driving while impaired, so they’ll likely follow you.