A driving under the influence (DUI) charge doesn’t just cover alcohol. In Virginia, driving while high on drugs, including marijuana, can also land you in serious trouble for impaired driving. Let’s break down what you need to know about drugged driving, especially now that private use of marijuana is legal in Virginia.
What is drugged driving?
Drugged driving means operating a vehicle while impaired by any drug, whether it’s illegal, prescription, or over-the-counter. Just like alcohol, drugs can slow your reaction time, impair your judgment, and make driving dangerous. In Virginia, if you’re caught driving under the influence of drugs, you can face the same penalties as drunk driving, including fines, jail time, and license suspension.
What happens when the laws change?
Since July 1, 2021, adults over 21 in Virginia can legally possess and use marijuana. However, it’s still illegal to drive under the influence of marijuana. If you’re caught, you could face up to a year in jail, a $2,500 fine and a one-year license suspension.
Driving while impaired by drugs, including marijuana, can affect a person’s response time, risk assessment and ability to perform complicated tasks. This allegation is similar to driving drunk, and Virginia law treats it seriously.
Police training and testing
Virginia police are trained to spot drugged drivers. They use various tests to determine if a driver is impaired. However, these tests aren’t always accurate. Here’s why challenging police procedures can be a strong defense:
- Subjective observations: Police officers rely on their perceptions, which can be flawed and biased.
- Testing accuracy: Drug tests can sometimes give false positives or fail to measure impairment accurately. Further, there is no clear point defining whether and to what extent marijuana is affecting a driver.
- Cannabis detection: Cannabis can stay in your system long after the effects wear off, and the effects aren’t always immediately obvious, especially when it comes to consuming edibles.
These flaws and challenges can affect the determination of impairment in a specific case, particularly in the context of a traffic stop. Thus, it can be crucial to speak with an attorney if you are facing DUI or other drugged driving charges in Virginia. There is considerable room for mistakes and alternate interpretations, which could affect criminal charges and convictions.