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Driving Under the Influence of Marijuana

Driving Under the Influence of Marijuana

Posted By Hochheiser & Hochheiser || 15-May-2013

In the state of New York, lawmakers have decriminalized the possession of small amounts of marijuana. If it was discovered that you were in possession of 25 grams or less, for example, you would be issued a civil citation—which is punishable by a $100 fine for a first violation and a $200 fine for a second violation. Since this is not a criminal offense, you would not be sentenced to jail unless you were cited for a third or subsequent offense and/or you were in possession of more than 25 grams. At that point, you could be charged with a misdemeanor or felony, depending on the amount of marijuana that was uncovered. When it comes to driving under the influence of marijuana, however, lawmakers in New York take this crime very seriously. In fact, you could be charged with DUI if there was any measurable amount of marijuana in your blood or urine at the time that you were driving.

Since all forms of impaired driving are regulated by New York Code §1192, one would be subject to the same penalties for driving under the influence of drugs (DUID) as those enforced for alcohol-related DUI offenses—which would include the following:

First DUI of Marijuana Offense

  • Up to one year in jail
  • Between $500 and $1,000 in fines
  • Six-month license suspension

Second DUI of Marijuana Offense

  • Up to four years in prison
  • Between $1,000 and $5,000 in fines
  • One-year license suspension

Third DUI of Marijuana Offense

  • Up to seven years in prison
  • Between $2,000 and $10,000 in fines
  • One-year license suspension

It is important to understand that these penalties could also be significantly increased if marijuana was uncovered from your person and/or vehicle at the time of your arrest, as you would also be subject to New York's possession laws. If you were found to be in possession of more than 25 grams, for example, you could face charges for a separate misdemeanor offense—which, in this case, is punishable by up to three months in jail and a $500 fine. If more than eight ounces was retrieved from your vehicle, you could be sentenced to state prison for a maximum of four years and subjected to a $5,000 fine. For this reason, it is highly recommended that you discuss your case with a New York City criminal lawyer from Law Offices of Daniel A. Hochheiser if you have been arrested for driving under the influence of marijuana and/or criminal possession of marijuana. Call our office today at (800) 813-9069 for a free initial consultation or submit a complimentary case evaluation form online.

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