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New Orleans

Marijuana DUI Attorney

What Are Marijuana DUI Charges in Louisiana?

Under Louisiana Revised Statute § 14:98, it is unlawful to operate a motor vehicle while under the influence of a controlled dangerous substance, including marijuana (THC). However, unlike alcohol-based DUIs, there is no clearly defined “legal limit” for THC in a person’s system. As a result, law enforcement may rely on subjective observations or chemical tests that can detect THC long after the effects of marijuana have worn off.

You may be charged with a marijuana DUI if an officer believes that:

  • You were impaired by marijuana while driving;
  • THC or marijuana metabolites were present in your system during chemical testing;
  • Your appearance, behavior, or performance on field sobriety tests suggested cannabis influence.

The presence of THC in your system does not automatically prove impairment at the time of driving. These cases often involve interpretation rather than clear evidence, which makes building a defense both necessary and possible.

Potential Penalties for a Marijuana DUI in Louisiana

A conviction for a marijuana DUI carries serious consequences. Even for first-time offenders, penalties may include:

  • Jail time (up to 6 months);
  • Fines and court costs (up to $1,000);
  • Driver’s license suspension;
  • Probation or community service;
  • Mandatory participation in substance abuse education or treatment programs;
  • A permanent criminal record;
  • Increased insurance premiums.

Repeat offenses or aggravating factors, such as accidents or injuries, can result in more severe penalties, including extended incarceration, felony charges, and vehicle forfeiture.

What to Do After a Marijuana DUI Arrest

If you have been arrested for driving under the influence of marijuana, it is critical to take immediate steps to protect your rights:

1

Do not plead guilty without consulting an attorney;
2

Understand that a positive THC test does not guarantee a conviction;
3

Contact a trusted DUI lawyer as soon as possible to begin building your defense.

You may only have 15 days to request an administrative hearing with the Louisiana Department of Public Safety to contest the suspension of your driver’s license. Acting quickly ensures you have more options available to you.

How It Works

Step 1

Call 504-264-9492 to set up a free initial consultation with our team.

Step 2

We’ll start working with you as soon as possible to understand all the details of your case and develop our legal plan.

Step 3

We’ll fight in court for the justice you deserve.

What Our Clients Say

“

“The entire office staff of Crescent City Law was professional, pleasant, and responsive to all questions. I am 100% satisfied with their service!”

- S. H.
“

“John Radziewicz and his team went above and beyond to fight the traffic ticket I was wrongly issued. If I ever have another legal issue, I will definitely be contacting John and his team again.”

- C. C.
“

“Crescent City Law was one of the easiest firms I’ve ever dealt with. Attorney John Rad handled everything. They made it so easy for me! Thank you, Crescent City Law! Thank you, John!”

- J. H.
“

“They helped me continue my clean driving record and got a moving violation taken care of without having to do much. I would highly recommend them!”

- T. D.
“

“I can't say enough about how incredible this firm is — truly a "stand back and watch us work" experience. I haven't been this impressed with legal representation in my life. I highly recommend Crescent City Law!”

- M. M.

Why Clients Choose Crescent City Law

At Crescent City Law, we believe in protecting the rights, reputations, and futures of the individuals we represent. Whether you are a student, working professional, parent, or medical marijuana patient, we provide legal advocacy that is rooted in compassion, discretion, and a deep understanding of Louisiana’s DUI laws.

Clients Choose Us Because:

  • We are based in New Orleans and familiar with the local courts and procedures;
  • We offer honest, personalized legal guidance;
  • We approach every case with strategic planning and attention to detail;
  • We fight for meaningful results, not just quick plea deals.

Frequently Asked Questions

What is a marijuana DUI in Louisiana?

A marijuana DUI (or DWI) means you are being accused of driving while impaired by cannabis. Unlike alcohol, there is no legal limit for THC, so a charge can be based on a blood test, officer observations, or your appearance. The issue is that THC can show up days after use, even if you were not impaired.

Why can I be charged if I wasn’t impaired?

Louisiana law allows charges if THC or its metabolites are found in your system, regardless of whether you were actively high. That means you could test positive long after the effects wore off. We build defenses that highlight this unfairness and lack of scientific accuracy.

How can Crescent City Law help defend me?

We look at every part of your case. That includes challenging the traffic stop, the test results, and how the evidence was handled. Our goal is to reduce or dismiss the charges and protect your record.

When should I contact a lawyer after my arrest?

Immediately. You typically have only 15 days to request a hearing to protect your driver’s license. The sooner we start, the better your chances of a strong defense.

Where do these cases usually take place?

We represent clients in traffic and criminal courts throughout New Orleans, Jefferson Parish, and across southeastern Louisiana. Every jurisdiction handles DUI cases a bit differently, and we know how to navigate those local systems.

Who gets charged with marijuana DUIs?

Anyone who uses marijuana can be charged, whether recreationally or for medical reasons. We have defended college students, professionals, parents, and medical marijuana patients. If it happened to you, you are not alone.

What are the consequences if I’m convicted?

A conviction can result in the following:

  • Jail time
  • Fines
  • A suspended license
  • Mandatory treatment
  • A permanent criminal record

Repeat offenses lead to more severe penalties, this is why it is important to act quickly to protect your future.

Why choose Crescent City Law for my defense?

Because we know these cases are personal. We treat every client with respect and take the time to explain your options clearly. You will always know where your case stands and that we are fighting for your best outcome.

Contact Our DUI Attorneys at Crescent City Law Today

A marijuana DUI charge can carry lasting consequences, but it does not have to define your future. At Crescent City Law, we are committed to providing the legal defense and support you need to move forward.

Contact us today at 504-264-9492 for an initial, no-obligation consultation. We’ll be with you every step of the way!

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