As of March 31, 2021, recreational marijuana is legal in the state of New York for adults 21 years and older. With this change, it is important to understand the potential consequences of driving under the influence of marijuana. Here are some New York marijuana DUI frequently asked questions.
What Is The Legal Limit For Marijuana In New York?
Currently, New York does not have a legal limit for the amount of THC (the psychoactive component of marijuana) in a person’s system while driving. However, it is illegal to drive while impaired by any substance, including marijuana.
How Is Impairment Determined For Marijuana DUI In New York?
Unlike alcohol, there is no breathalyzer or blood test that can definitively determine if a person is under the influence of marijuana. Instead, law enforcement officers may rely on field sobriety tests and drug recognition experts to determine if a driver is impaired.
Can I Refuse A Marijuana DUI Test In New York?
Yes, but there may be consequences for doing so. New York operates under an implied consent law, which means that by operating a vehicle on New York roads, you are consenting to chemical testing if a police officer has probable cause to believe you are driving under the influence. Refusal to take a chemical test may result in the immediate suspension of your driver’s license and may be used as evidence against you in court.
What Are The Penalties For A Marijuana DUI In New York?
The penalties for a marijuana DUI in New York are similar to those for an alcohol-related DUI. For a first offense, you may face fines, license suspension, and even jail time. Subsequent offenses may result in more severe penalties.
Can I Still Be Charged With A Marijuana DUI If I Have A Medical Marijuana Card?
Yes, you can still be charged with a marijuana DUI even if you have a valid medical marijuana card. While medical marijuana is legal in New York, it is still illegal to drive while under the influence of any substance that impairs your ability to safely operate a vehicle.
Can I Smoke Marijuana In My Car Now That It’s Legal In New York?
No, it is illegal to smoke or consume marijuana in a vehicle, regardless of whether you are a driver or a passenger. Doing so can result in a fine and even arrest.
Can I Be Arrested For Marijuana DUI If I Have Marijuana In My System But Didn’t Use It Recently?
Yes, you can still be arrested for a marijuana DUI if you have marijuana in your system, even if you didn’t use it recently. THC can remain in a person’s system for days or even weeks after use, depending on a variety of factors such as frequency of use and metabolism.
What Should I Do If I Am Pulled Over For Suspicion Of A Marijuana DUI In New York?
If you are pulled over for suspicion of a marijuana DUI, it is important to remain calm and cooperative with the police officer. Do not admit to using marijuana or any other substance, and do not perform field sobriety tests unless you are comfortable doing so. Contact a criminal defense attorney as soon as possible to protect your rights and ensure that you receive a fair trial.