Mississippi drivers generally understand the dangers posed by drivers that are under the influence of alcohol. Any driver whose driving abilities are actually impaired by alcohol may be convicted of DUI. However, every state has eased the burden on law enforcement and prosecutors of proving DUI cases by passing “DUI per se” laws that permit anyone with a blood alcohol concentration (BAC) of .08 percent or more to be convicted of DUI without needing to establish actual impaired driving ability. Per se DUI laws do not apply to DUI cases involving marijuana and other drugs, but some advocate creating similar DUI per se laws for marijuana.
Marijuana is now legal to treat certain medical conditions in 16 states, and medical marijuana legislation is currently pending in 12 more states. Colorado is currently considering legislation that designates a BAC for THC (the active ingredient in marijuana) above 5 nanograms as “DUI per se.” The objective of DUI per se laws for marijuana is to keep marijuana impaired drivers off the roads and prevent car accidents. While Colorado is a state where medical marijuana is legal, this issue also is relevant in Mississippi though there is no medical marijuana law nor proposed legislation. If marijuana impairs driving ability, then laws that make it easier to convict drivers of being impaired by marijuana may prevent Mississippi car accidents that result in serious injury and wrongful death.
Currently, the prosecution of a driver who tests positive for cannabis is more complex than DUI cases involving alcohol. These cases involve establishing through testimony or other evidence (e.g. a car accident) that the driver actually displayed erratic driving indicating impaired driving ability. Many times there will not be sufficient evidence to prove actual impairment of one’s physical or mental skills relevant to driving. Sometimes expert witnesses are used to testify regarding what the impact of a certain amount of marijuana would have been on driving ability. The bottom line is that DUI cases involving marijuana use are more difficult to prove and costly to prosecute than DUI per se cases involving alcohol.
Per se laws for marijuana would create an additional tool for law enforcement and prosecutors to discourage driving while under the influence of alcohol. However, there are a number of issues raised by opponents of this approach to preventing car accidents caused by marijuana use. The metabolites of marijuana can remain in one’s system for days and even weeks so it can be difficult to determine whether someone actually ingested alcohol prior to climbing behind the wheel. Critics of marijuana DUI per se laws also point to studies that marijuana does not have the same impact on driving ability as alcohol.
The experienced car accident attorneys at Barrett Law are committed to aggressive measures to prevent Mississippi car accidents that cause painful debilitating injuries and wrongful death. Per se laws for marijuana may deter some marijuana users from driving which will save lives. If you or someone you love has been injured or a loved one has been killed by a drunk driver or an drug impaired driver, our experienced Mississippi DUI attorneys aggressively fight to hold impaired drivers accountable for the injuries and loss of life that they cause. At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi. Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.
