A DUI Less Safe (Marijuana) charge means law enforcement is alleging that a driver was under the influence of marijuana to the extent that it rendered them “less safe” to operate a motor vehicle. Unlike a “Per Se” DUI (which relies strictly on a specific legal limit, like a 0.08 BAC for alcohol), a Less Safe charge does not require proof of a specific concentration of THC in the blood. Instead, the prosecution must prove two distinct elements beyond a reasonable doubt:

1. Marijuana ingestion: The driver consumed or had marijuana in their system.
2. Actual impairment: That consumption directly caused the driver to be less safe on the road.

Because there is no universally accepted scientific consensus or statutory threshold establishing what specific THC concentration equates to impairment, the state usually relies on circumstantial evidence:

• Driving Conduct: Erratic driving, weaving, failing to maintain lane, speeding, or being involved in an accident.
• Physical Manifestations: Odor of burnt marijuana, bloodshot or watery eyes, dilated pupils, slurred speech, or slow reaction times.
• Field Sobriety Tests: Officer evaluation during standardized (SFSTs) or non-standardized tests (like the Advanced Roadside Impairment Driving Enforcement, or ARIDE, protocol).
• Chemical Testing: Blood or urine tests showing active THC or its metabolites.

 

Defending against a Marijuana DUI Less Safe charge generally revolves around severing the connection between marijuana exposure/presence and actual active impairment:

1. Lack of Proof of Actual Impairment
2. Challenging “Active THC” vs. Inactive Metabolites
3. Flaws in Field Sobriety Testing
4. Constitutional Defenses

 

If you’ve been charged with DUI Marijuana give our office a call today and talk to one of our experienced attorneys at (404)581-0999.