For most people, the term “DUI” is associated with drunk driving. In some states, this term is used more extensively than that, however, and refers to the act of driving while under the influence of a controlled substance. This means that you can be charged with DUI if you are impaired by marijuana, as well as alcohol.
For South Dakota residents, here are some considerations that should you expect if you’re ever pulled over by the police and arrested for driving while under the influence of marijuana
Drunk driving and drugged driving have the same penalties
An individual is considered to have committed a DUI in South Dakota when they have operated a motor vehicle while under the influence of alcohol, marijuana or any controlled drug or substance that could cause impairment.
The penalties for a DUI conviction are largely the same regardless of whether you had alcohol, marijuana or another controlled substance in your system. First-time offenses can trigger up to a year in jail, $2,000 in fines and suspension of driving privileges for up to a year. Repeat offenses mean lengthier periods of incarceration and license suspension and increasing fines.
Prosecutors will be looking at your behavior
With marijuana, there’s no blood alcohol level equivalent to measure against. As a result, the case against you will often come down to showing that your driving was impaired by your use of the substance. Drivers under the age of 21 are subject to a zero-tolerance policy for drugged driving in South Dakota concerning marijuana use.
Police officers will be looking for certain types of behavior when determining whether they have grounds to initiate an arrest, including:
- Driving erratically or recklessly such as speeding or making dangerous maneuvers
- Smelling like marijuana and a smell coming from inside your car
- A blood or urine sample that shows evidence of marijuana in your system
Officers can also rely on drug recognition experts and field sobriety test performance to build a case against you.
In South Dakota, a marijuana DUI is just as serious as alcohol, yet far more subjective. When an individual’s perception is the primary evidence against you, working with an attorney to challenge this evidence can defend your freedom and future.