In the state of Maryland, it’s illegal to operate a vehicle while under the influence of alcohol or any other controlled substance that restricts your ability to drive safely. When it comes to alcohol, the standard of intoxication is clear-cut. A blood alcohol level of at least .08 percent is sufficient to warrant a DUI.

For a DUI with marijuana, though, there is no minimum level. Any amount of marijuana in your system while driving is enough to justify a DUI arrest under Maryland law. If an officer suspects that you’re driving under the influence of marijuana, he or she may ask  you to perform roadside sobriety tests, similar to those that could be performed in DUI with alcohol situations.

If those roadside tests suggest that you may be impaired, the officer can take you into custody and obtain a warrant for a blood or urine sample, which could be used to determine how much marijuana is in your system. If there’s any level of marijuana in your system, no matter how small, you could face charges for DUI with marijuana.

The penalties for a DUI with marijuana often depend on how many previous DUI convictions you may have. A first time conviction can result in up to a $1,000 fine, one year in jail, up to 45 day license suspension, and drug and alcohol counseling.

The penalties grow more severe with subsequent convictions. On a second conviction, there is a minimum jail sentence of at least 48 hours and a maximum of up to two years in jail. Your fine can also increase to $2,000 and your license can be suspended for up to 90 days.

On the third conviction, you can be sentenced to up to three years in jail, face a $3,000 fine, and have your licenses suspended for up to 18 months. On all of these charges, the sentences can be increased significantly if there is a minor in the vehicle.

Maryland does allow the possession and use of certain amounts of marijuana for medical use. However, even if you are allowed to use medicinal marijuana, you’re still not allowed to drive with it in your system.

This creates some challenging situations. Every person’s body responds to marijuana differently. Some people may process and eliminate marijuana chemical quickly. For others, traces of marijuana could stay in the body for months. It’s very possible that you could legally smoke medical marijuana and drive long afterward, but still have traces of it left in your system.

A defense against DUI with marijuana charges could focus on the tests that were performed to determine intoxication. An experienced criminal defense attorney can examine the evidence in your case and develop a defense to help you obtain a favorable outcome.