Kinney Law, pc

Spearfish Office
121 W. Hudson Street
P.O. Box 729
Spearfish, SD 57783

Phone: 605-642-2147
Fax: 605-642-4079
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625 1/2 Main St
Suite 2
Rapid City, SD 57701

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2275 Lazelle Street
Sturgis, SD 57785

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605-642-2147
Fax 605-642-4079

Can I get a DUI from using marijuana?

South Dakota is one of the strictest states on marijuana use. There is zero tolerance for THC impairment and motor vehicle use. It is also a partial home to one of the busiest highways in the country. Many people who use marijuana recreationally and medicinally pass through the area on Interstate 90, not realizing that possession of the substance is illegal. Many tourists and locals also do not realize that driving while under the influence of pot is not legal. 

However, if you smoked some pot or ate a few edibles while in Colorado and traveled into the area and the police detain you for impairment, it is possible for you to face charges of drugged driving. Here is a brief overview of how marijuana use can lead to a drugged driving charge in South Dakota. 

Past pot use does not mean impairment 

Unlike alcohol, which leaves the body after a few hours, pot is one substance that can take weeks and months before it is completely out of your system. Your blood and urine samples could still show evidence of marijuana use even if you have not used the substance in the last few weeks. 

Proof is necessary for a DUI conviction 

In order for a drugged driving charge to stick, the prosecution must show you were operating or planned to operate your vehicle while impaired. Common signs of impairment include driving erratically, speeding and engaging in reckless behaviors. There is no legal requirement for you to consent to field sobriety testing. However, the prosecution could use your refusal as evidence against you if they decide to pursue marijuana-DUI charges

A drugged driving charge is just as harmful as a DUI charge. It is important for you to consider the consequences and how they may impact your situation in the short and long term. Many people who find themselves facing similar circumstances often turn to their attorneys for guidance.

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