While it may be legal in Massachusetts and 24 other states across the nation to use marijuana recreationally at home, it is not legal to operate a vehicle while impaired by the drug. Regardless of the drug’s legal status in terms of recreational or medicinal use, it is illegal in all 50 states to operate a vehicle while under the influence of cannabis.
Since the legalization of personal and recreational use of marijuana, the Commonwealth has struggled to define impaired driving for marijuana adequately. Let’s examine the legal parameters of an OUI of marijuana and see how your case could be defended. We will also look at how alcohol and marijuana differ in their legal cases involving driving and how the latter can impair the ability of an individual to operate a vehicle.
Defining Impaired Driving in MA
Massachusetts General Law c.90 § 24 defines impaired driving as operating a vehicle while under the influence of substances that impair one’s ability to drive safely. This definition includes alcohol and marijuana, but the standards for measuring impairment differ significantly between the two.
Defining Marijuana Vs Alcohol Impairment
While the legal limit for operating a vehicle under the influence of alcohol in Massachusetts is stated as a blood alcohol content level of .08 percent, there is no specified limit for marijuana. Instead, operating a motor vehicle with any level of impairment is against the law.
One of the challenges that law enforcement faces is that, unlike drunk driving, which can be proven easily with a roadside breathalyzer test or even a blood alcohol test, there is no definitive way to determine the concentration of marijuana in a person’s body at the roadside or even when the drug entered the body. Specifically, there’s no breathalyzer equivalent. In fact, even if an individual’s blood is tested, there is no way to know precisely when the marijuana was consumed; marijuana metabolites can remain in the blood for hours and sometimes even weeks after use.
Due to this difference, law enforcement must rely on roadside tests that examine a driver’s balance, cognition, and reflexes. Evidence of marijuana use could also include the smell of the drug or visual proof of the drug. If a driver has been found guilty of driving under the influence of marijuana, the penalties will be similar to those for a typical OUI charge. These penalties may include a hefty fine, a jail sentence, and a license suspension.
Defending an OUI Marijuana Case
There are a few ways to contest an OUI for marijuana in a Massachusetts court. These include having an experienced criminal law attorney challenge the traffic stop, question the field sobriety test and contest the officer’s subjective observations that the driver was under the influence of marijuana at trial.
Do you need support and legal assistance fighting an OUI for a marijuana charge? Talk to our team at the Law Office of Patrick Conway. We can work with you every step of the way and explain your legal options for the best outcome possible.