Does SC have a “DUI marijuana” law that makes it illegal to drive after smoking weed?
Although we don’t have a specific law that is called “DUI marijuana,” South Carolina’s driving under the influence laws cover intoxication by alcohol, intoxication by other drugs like marijuana, or intoxication from a combination of alcohol and other drugs.
It is not against the law to smoke weed and then drive (although possessing marijuana is against the law), just as it is not against the law to drink and then drive in South Carolina.
SC DUI laws don’t prohibit driving after smoking or drinking, despite law enforcement slogans like “buzzed driving is drunk driving” and “zero tolerance is the law” (zero tolerance is not the law unless you are a minor).
SC’s DUI laws only prohibit driving while under the influence to the extent that your faculties to drive are materially and appreciably impaired.
Does South Carolina have a “DUI Marijuana” Law?
“DUI marijuana” or “DUI drugs” are prohibited in SC, but they are included in SC’s driving under the influence law found in SC Code § 56-5-2930:
(A) It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired.
Penalties for a DUI marijuana conviction in South Carolina are the same as the penalties for a DUI-alcohol offense in SC, from 30 days in jail for a DUI marijuana 1st offense (with no blood alcohol test result) to 25 years for a felony DUI conviction:
| Charges | Breathalyzer Result | Fines | Jail Time | License Suspension |
| DUI 1st Offense | < .10 | Up to $400 | 48 hours to 30 days in jail | 6 months |
| DUI 1st Offense | .10-.15 | Up to $500 | 72 hours to 30 days in jail | 6 months |
| DUI 1st Offense | >.15 | Up to $1,000 | 30 days to 90 days in jail | Ignition Interlock Device Program |
| DUI 2nd Offense | <.10 | $2,100-$5,100 | 5 days to one year in jail | Ignition Interlock Device Program |
| DUI 2nd Offense | .10-.15 | $2,500-$5,500 | 30 days to two years in prison | Ignition Interlock Device Program |
| DUI 2nd Offense | >.15 | $3,500-$6,500 | 90 days to three years in prison | Ignition Interlock Device Program |
| DUI 3rd Offense | <.10 | $3,800-$6,300 | 60 days to three years in prison | Ignition Interlock Device Program |
| DUI 3rd Offense | .10-.15 | $5,000-$7,500 | 90 days to four years in prison | Ignition Interlock Device Program |
| DUI 3rd Offense | >.15 | $7,500-$10,000 | Six months to five years in prison | Ignition Interlock Device Program |
| DUI 4th or Subsequent Offense | <.10 | One to five years in prison | Ignition Interlock Device Program | |
| DUI 4th or Subsequent Offense | .10-.15 | Two to six years in prison | Ignition Interlock Device Program | |
| DUI 4th or Subsequent Offense | >.15 | Three to seven years in prison | Ignition Interlock Device Program | |
| Felony DUI with Great Bodily Injury | N/A | $5100-$10,100 | 30 days to 15 years in prison | |
| Felony DUI with Death | N/A | $10,100-$25,100 | One year to 25 years in prison |
Marijuana Intoxication – Is Driving Stoned DUI?
So, is driving stoned DUI in SC?
If the state can prove beyond a reasonable doubt that you were so stoned that it materially and appreciably impaired your ability to drive, then you could be convicted of “DUI marijuana” for driving while stoned.
How would the state prove this?
They would need to show that there was marijuana in your system, which could be done through chemical tests or testimony by a “DRE” or drug recognition expert (a police officer who took a class where he or she learned to testify as to the signs of drug use).
They would also need to show that your driving was materially and substantially impaired, which could be done through:
- Witness testimony,
- Expert testimony,
- Video or audio evidence,
- Field sobriety tests,
- Testimony by a toxicologist as to the levels of THC in your system at the time of your arrest compared to the levels of THC that would impair a person’s driving, or
- A breathalyzer or other alcohol test result (and expert testimony as to the interaction of marijuana and alcohol and how that impacts a person’s impairment while driving).
Is There a Breathalyzer for Marijuana?
There is no breathalyzer for marijuana, although there could be one in the future. When a breathalyzer for marijuana or other drugs is developed, it will need to undergo rigorous, peer-reviewed scrutiny and be generally accepted in the scientific community before it will be admissible in DUI trials or other court proceedings.
What Should You do if you are Charged with DUI Marijuana?
If you are charged with DUI marijuana in Conway, SC, Myrtle Beach, SC, Horry County, Georgetown County, or the surrounding area, call our office immediately.
Do not answer questions or engage officers in conversation during or after your arrest, and do not make any statements about your case in bond court.
Can We Get Your DUI Marijuana Charges Dismissed?
We might be able to get your DUI marijuana charges dismissed, but we cannot guarantee a particular result to anyone, no matter how promising their case appears, and you cannot assume that if we get someone else’s case dismissed we will get your case dismissed.
Why?
Every case is different – different facts, different criminal histories, different alleged victims, different police officers, different prosecutors, different unexpected circumstances, and different laws that will apply when your case goes to trial.
When you call our office and retain Johnny Gardner as your DUI attorney, we will
- Meet with you,
- Answer your questions about your case,
- Learn about you and the facts of your case,
- Investigate your case,
- Request all discovery materials from the prosecutor,
- Conduct an independent investigation of your case using investigators, subpoenas, FOIA requests, and expert consultants when needed,
- File and argue any pretrial motions that are appropriate like motions to suppress and motions to dismiss for constitutional violations or violations of SC’s mandatory videotape statute,
- Explore all possible alternatives to conviction including dismissal or a negotiated plea that results in dismissal of the DUI offense, and
- Try your case to a jury if the charges are not dismissed or resolved to your satisfaction.
Questions About DUI Marijuana Charges in SC?
If you have been charged with DUI, DUAC, or another DUI-related offense in Myrtle Beach, Conway, or anywhere in the Horry County area, you may have valid defenses to the charge or there may be grounds to get your case dismissed. You may also have strict deadlines to request an administrative hearing if you have an implied consent suspension because of a DUI marijuana arrest…
Contact Conway, SC, DUI Lawyer Johnny Gardner now at (843) 248-7135 for a free consultation to find out how we can help.
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