Facing a Marijuana DUI in South Carolina: What to Know if You Were Arrested for Driving While High

Driving under the influence of marijuana (a “marijuana DUI”) is a serious offense in South Carolina. If you get arrested for a marijuana DUI (or driving while high), you can face steep penalties—including the possibility of jail time.

As a result, you need to take your case very seriously.

While there are issues with how the police and prosecutors prove that drivers are high—and these issues can provide defenses in many cases—facing a conviction in court is still a very real concern. Keep reading to learn more about your marijuana DUI case and the defenses you may have available.

Understanding Your Marijuana DUI Case in South Carolina

In South Carolina, driving under the influence of alcohol and driving under the influence of drugs are both prosecuted under the same statute. This is Section 56-5-2930(A) of the South Carolina Code of Laws, which states in part:

“It is unlawful for a person to drive a motor vehicle within this State while under the influence of . . . any . . . drug or a combination of . . . drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired . . . . A person who violates the provisions of this section is guilty of the offense of driving under the influence . . . .”

Under this section of the law, there are two critical elements of a marijuana DUI case. In order to secure a conviction, state prosecutors must be able to prove both:

• That you were “under the influence” of marijuana; and,
• That being under the influence of marijuana caused your driving abilities to be “materially and appreciably impaired.”

Both of these can present challenges for prosecutors. When the police pull you over on suspicion of driving under the influence (DUI), they can only do so much to assess whether you are “under the influence” of drugs. Oftentimes, police officers will rely on subjective observations like red eyes, restlessness, or anxiety. Unlike testing for alcohol intoxication, police officers cannot use a breathalyzer to test for marijuana use. Instead, determining if there is THC in a marijuana DUI suspect’s blood stream requires laboratory testing.

But, by the time you take a laboratory test, the level of THC in your blood stream won’t necessarily be indicative of the level of THC in your blood stream at the time of your arrest. Additionally, having THC in your blood stream does not necessarily equate to being under the influence. Just like alcohol and other drugs, marijuana affects different people differently, and a level of consumption or use that is intoxicating for someone else won’t necessarily be intoxicating for you. In short, there are multiple issues with testing marijuana DUI suspects for being “under the influence,” and these issues can present serious challenges when it comes to meeting state prosecutors’ burden of proof.

The same is true when it comes to proving that a marijuana DUI suspect was “materially and appreciably impaired” at the time of his or her arrest. As two judges wrote in an article for the American Bar Association (ABA) last year:

“[U]nlike . . . alcohol, blood concentrations of THC and its metabolites fail to establish impairment at a particular time necessitating other proof or testimony demonstrating impairment from THC.”

As the judges go on to explain, “[b]ecause THC in the blood can result from both recent as well as past use, impairment cannot be inferred from blood levels,” and, “the impact of cannabis use on the critical skills necessary to drive remains best detected from the physiological symptoms of impairment.”

Of course, this brings us back to an issue we discussed above: Police officers’ assessments of the physiological symptoms of marijuana impairment are inherently subjective.

With this being the case, how can state prosecutors prove a marijuana DUI? Issues that tend to lead to marijuana DUI convictions in South Carolina include:

• Field Sobriety Tests (FSTs) – Failing the field sobriety tests (FSTs) during a marijuana DUI stop can provide prosecutors with additional physiological evidence of impairment. However, there are issues with the FSTs, too, and an experienced defense lawyer should be able to raise these issues on your behalf if warranted.
• Dash Camera and Body–Worn Camera Footage – Video footage of your traffic stop and arrest can also provide additional evidence of physiological symptoms. But, driving erratically, having red eyes, and other potential effects of marijuana use can have a variety of other causes as well—and prosecutors must be able to prove your guilt beyond a reasonable doubt. .
• Confessions of Guilt – If you confessed to driving while high, you can bet on prosecutors trying to use your words against you. But, unless you are an expert on marijuana intoxication and impairment, the reality is that you may not have really known whether you were too high to drive.
• Testimony from Drug Recognition Experts (DREs) – As their title suggests, Drug Recognition Experts (DREs) are individuals who have special training in spotting the effects of drug use. But, while police and prosecutors often rely on DREs in marijuana DUI cases, there can be various issues with their observations and interpretations as well.
• Ineffective Defense – With all of this in mind, one of the biggest risks for individuals who are facing marijuana DUI charges in South Carolina is asserting an ineffective defense. Even if there are clear issues with the prosecution’s case against you, if you are unable to raise these issues effectively, you could still face a life-altering conviction in court.

Discuss Your Case with North Charleston Defense Lawyer Rad S. Deaton

Rad S. Deaton is an experienced North Charleston defense lawyer who represents individuals in marijuana DUI cases. If you are facing a marijuana DUI charge, we encourage you to contact us promptly for more information. Call 843-225-5723 or contact us online to arrange a confidential consultation today.