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Can You Be Charged for Driving Under the Influence of Marijuana?

Can You Be Charged for Driving Under the Influence of Marijuana?

Answer

Yes. South Carolina DUI charges can involve marijuana, other drugs, alcohol, or a combination of substances. A prescribed medication can also be part of an impairment allegation; the fact that a drug is legally prescribed does not alone prevent a DUI charge.

South Carolina DUI cases can involve alcohol, drugs, or a combination of the two. A driver may face a charge with no alcohol involved, or the allegation may concern the combined effects of alcohol and marijuana.

The law does not simply distinguish between legal and illegal drugs for this purpose. A lawfully prescribed medication can still become part of an allegation of impaired driving.

For example, an officer may obtain a low breath alcohol reading and then request a urine sample. If that sample indicates a prescribed ADHD medication, the prosecution may argue that the medication and alcohol together affected the driver’s ability to drive. These cases require close review of the evidence of drug-related impairment.