As cannabis becomes more widely accepted for medical use and personal consumption, it’s natural for people to wonder where the law draws the line. At Crescent City Law in New Orleans, we have criminal defense lawyers who understand that questions around marijuana use and driving are more complicated than ever.
The question we get mostly asked is: “Can you get a DUI for driving high?” The answer is yes, you can be arrested for DUI due to driving high. But the law surrounding marijuana and impaired driving is not always clear-cut.
In Louisiana, the statutes governing DUI offenses related to drugs, including cannabis, require careful interpretation and a strong legal defense. Led by attorney John Radziewicz, our team is committed to defending your rights and helping you understand what to expect if you’re charged with a marijuana-related DUI.
Per Se THC and Marijuana Metabolite DUI Laws
Unlike alcohol-related DUIs, where Louisiana law defines a per se legal limit of 0.08% blood alcohol concentration (BAC) under La. R.S. 14:98(A)(1)(b), there is no equivalent per se limit for THC. THC, or delta-9-tetrahydrocannabinol, is the primary psychoactive compound in cannabis. Louisiana law does not specify a legal limit in nanograms or concentration for marijuana impairment.
Even though there is no per se threshold, that does not mean a driver who tests positive is safe from prosecution. Under La. R.S. 14:98(A)(1)(c), it is unlawful to operate a motor vehicle while under the influence of any controlled dangerous substance listed in Schedules I through V. Marijuana and its derivatives fall within this category.
This means prosecutors in Louisiana can pursue DUI charges based on:
- Blood tests showing active THC
- The presence of marijuana metabolites, even if the driver is no longer impaired
- Observational evidence of impaired driving behavior gathered by law enforcement
Because of this, defending marijuana DUI cases can be challenging. You may still face charges even if you were not impaired at the time of driving.
Can You Get a DUI for Driving High on Medical Marijuana?
Yes. Even if you have a valid medical marijuana recommendation in Louisiana, you can still be charged with a DUI if an officer believes your driving was impaired. Having legal access to medical cannabis does not grant permission to drive while under its influence. The law treats marijuana similarly to prescription medications that can impair driving ability.
Like opioids, benzodiazepines, or other legally prescribed substances, medical marijuana may affect reaction time, coordination, or judgment. Louisiana law makes no exceptions for impairment due to legally obtained substances. Officers are trained to detect signs of impairment regardless of the source.
If you are a medical marijuana patient charged with DUI, Crescent City Law may be able to defend your case by:
- Challenging the validity and interpretation of field sobriety tests
- Examining the chain of custody and accuracy of chemical tests
- Demonstrating that THC presence does not confirm impairment
Can You Get a DUI for Driving High on Delta-8?
Delta-8 THC is a hemp-derived compound that produces psychoactive effects similar to traditional marijuana. It is often sold legally in stores and online due to a perceived loophole in federal and state law. However, using Delta-8 while driving can still lead to DUI charges in Louisiana.
Although the legal classification of Delta-8 remains a subject of debate, law enforcement officers do not differentiate between Delta-8 and Delta-9 THC during roadside stops. If an officer believes your ability to operate a vehicle is impaired by any form of THC, you can be arrested and charged.
What Is Inactive THC?
One of the major legal challenges in marijuana DUI cases involves inactive THC metabolites. After THC is consumed, the body metabolizes it, and inactive compounds can remain in your system for days or even weeks. Most standard blood or urine drug tests detect these metabolites, not the active compound responsible for impairment.
- Active THC is present only for a few hours and causes impairment.
- Inactive metabolites remain long after the high has worn off.
This means you could test positive long after any psychoactive effects have faded. Louisiana law does not currently distinguish between active and inactive THC when it comes to chemical testing. That’s why our defense often focuses on challenging test results that are not reflective of current impairment.
Do Field Sobriety Tests Work for Marijuana?
Field sobriety tests are a standard part of DUI investigations. However, these tests were developed primarily to detect alcohol impairment and may not reliably indicate marijuana-related impairment.
Common field sobriety tests include:
- The walk-and-turn test
- The one-leg stand
- The horizontal gaze nystagmus (HGN) test
THC affects individuals differently than alcohol. Someone may exhibit poor performance due to anxiety, fatigue, physical limitations, or medical conditions unrelated to cannabis use. As a result, field sobriety tests are often unreliable indicators of marijuana impairment.
At Crescent City Law, we work to expose the limitations of these tests, ensuring your case is judged on objective evidence, not subjective interpretation.
Penalties for Drugged Driving in Louisiana
A DUI based on drug impairment carries the same penalties as an alcohol-based DUI in Louisiana. These penalties may include:
- Fines and court costs
- Jail time, even for first-time offenders
- Driver’s license suspension
- Mandatory participation in substance abuse treatment or evaluation
- Increased insurance premiums
- A permanent criminal record
Under La. R.S. 14:98.1, a first-offense DUI may result in up to six months of jail time, a $1,000 fine, and a 12-month license suspension. The penalties increase significantly for repeat offenders, accidents involving injury, or if a child passenger was present in the vehicle.
In this legal landscape, building a strong defense means knowing the science, the law, and how to challenge assumptions. That’s where Crescent City Law comes in.
Contact Our Louisiana DUI Attorneys at Crescent City Law Today
At Crescent City Law, we understand the nuances of these cases and the impact they can have on your freedom, your career, your license, and your future. Our attorneys have comprehensive knowledge and experience helping our New Orleans clients facing DUI charges.
We will carefully examine the facts, question the reliability of the evidence, and construct a defense tailored to your situation. Testing positive does not automatically mean you were impaired, and we are committed to fighting for a fair and just outcome.
Contact us today at 504-264-9492 and let’s get your case moving.
FAQs
1. Can I be charged with a DUI in Louisiana if I only test positive for marijuana metabolites?
Yes. Under La. R.S. 14:98(A)(1)(c), prosecutors may pursue DUI charges even if chemical tests only detect inactive THC metabolites. This is one of the biggest challenges in marijuana DUI defense, since inactive compounds can remain in your system long after any impairment has passed.
2. Does Louisiana recognize a legal THC limit for drivers?
No. Unlike alcohol DUIs, which set a 0.08% BAC threshold, Louisiana has no per se THC limit. This means prosecutors rely on test results, observations, and officer testimony rather than a defined measurement of impairment.
3. Can medical marijuana patients face DUI charges in Louisiana?
Yes. Having a valid medical marijuana recommendation does not exempt you from DUI laws. If law enforcement believes cannabis impaired your driving, you may still be arrested and prosecuted.
4. How reliable are field sobriety tests for detecting marijuana impairment?
Not very. These tests were designed to identify alcohol-related impairment, not cannabis use. Factors such as fatigue, anxiety, or physical conditions may affect performance, making them unreliable in marijuana DUI cases.
5, What penalties could I face for a marijuana DUI conviction in Louisiana?
A first-offense DUI can result in up to six months of jail time, fines up to $1,000, a 12-month license suspension, and mandatory substance abuse evaluation. Penalties escalate for repeat offenses or cases involving accidents or child passengers.
6. How can a lawyer help defend against marijuana DUI charges?
An attorney can challenge the accuracy of chemical tests, question the reliability of field sobriety evidence, and highlight the difference between THC presence and actual impairment. At Crescent City Law, our team builds defenses that focus on the gaps in the prosecution’s case.
