Alcohol & Drugs: DUI, DWI Suspected of DUI for marijuana

[nickster]

Jurisdiction

New York

I have a close friend who is in trouble and in a panic. He was charged with DUI for driving while being under the influence of marijuana. I don't know all the details and only about what he law is regarding alcohol, not pot. I don't know what level is required for conviction like is for alcohol. He insists it was only a couple of tokes and it shouldn't have affected his driving. What should I tell him? I think he believes that since it's legal elsewhere it shouldn't have been a big deal in New York to be under the influence of marijuana and it's just like an infraction.

 

[mightymoose]

I think he believes that since it's legal elsewhere it shouldn't have been a big deal in New York to be under the influence of marijuana and it's just like an infraction.

Wrong.
The evidence against him will likely be his own statements coupled with the officer's testimony and observations during any sobriety test. There is no "legal limit". It just needs to be shown he was under the influence and showed signs of impairment.

It will not be handled as an infraction unless he has good legal counsel and gets it reduced to a possession charge.

 

[zddoodah]

I don't know what level is required for conviction like is for alcohol.

This comment tells me that your statement that you "know all the details . . . about what he law is regarding alcohol" is wrong.

In order to be convicted for DUI, the state must prove that the driver was (a) operating a motor vehicle on a public street, and (b) was impaired because of alcohol or drugs. In no circumstance is any particular "level" "required for [a] conviction." Rather, if a driver has a 0.08% blood alcohol concentration, impairment is presumed. However, having a 0.08% BAC is not required, and a conviction can result for any BAC over 0.0% if it can be proven that the driver's ability to operate the vehicle was impaired. Obviously, a BAC makes no sense with anything other than alcohol, and a conviction can obtain as long as it can be proven that the driver's ability to operate the vehicle was impaired.

What should I tell him?

How about this: "Hey dumbass. Howzabout not driving when you've been smoking pot?!" That seems like a pretty smart thing to tell him, don'tcha think? As far as the charge, your friend should consider retaining an attorney (especially if a conviction would impact employment or eligibility for student loans).

I think he believes that since it's legal elsewhere it shouldn't have been a big deal in New York to be under the influence of marijuana and it's just like an infraction.

If, in fact, he thinks this, then he's an even bigger idiot. Alcohol is everywhere, but it's completely illegal everywhere to driver under the influence. If he had been standing around on a street corner under the influence of pot, it probably wouldn't have been a big deal. However, when he chose to get behind the wheel or a car, it became a big deal.

 

[adjusterjack]

He insists it was only a couple of tokes and it shouldn't have affected his driving.

It obviously did affect his driving because there was something about his driving that got the officer's attention even if your friend was too stoned to notice.

 

[leslie82]

I have a close friend who is in trouble and in a panic. He was charged with DUI for driving while being under the influence of marijuana. I don't know all the details and only about what he law is regarding alcohol, not pot. I don't know what level is required for conviction like is for alcohol. He insists it was only a couple of tokes and it shouldn't have affected his driving. What should I tell him? I think he believes that since it's legal elsewhere it shouldn't have been a big deal in New York to be under the influence of marijuana and it's just like an infraction.

I think your "friend" should talk to a lawyer. Your "friend" should also realize that the use of marijuana is still illegal federally and most states. Just because something is legal in one state doesn't make it legal in another state.

Also a couple of tokes can affect someone's driving just like a couple drinks can affect someone's reactions when driving and they don't realize it.

I would also find new friends if this one thinks that because something is legal in one place it's legal in another. Not the brightest bulb right there.

 

[Highwayman]

He was charged with DUI...

No he wasn't. There is no such charge in New York.

You tell your friend he needs an attorney. Period. Stop trying to okay Perry Mason.

 

[Highwayman]

Typo - should read "play Perry Mason".