Marijuana and Drugged Driving in Connecticut

The Big Misconception

Now that marijuana is legal in Connecticut, a lot of people think it’s safe to light up and drive. I can’t tell you how many calls I get from people who are stunned when they get arrested for DUI after smoking the night before, or even hours earlier. They’ll say to me, “But I thought it was legal now?”

Here’s the truth: marijuana may be legal to use, but it is still absolutely illegal to drive under its influence. Police in Connecticut are watching closely, and cannabis DUI cases are being prosecuted just as aggressively as alcohol DUIs.

What the Law Really Says

Connecticut’s DUI statute — General Statutes § 14-227a — makes it a crime to operate a motor vehicle while under the influence of alcohol or any drug.

With alcohol, everyone knows the number: .08 BAC. With marijuana, there is no “magic number.” There’s no set THC limit like there is for alcohol. That means:

Officers rely on their observations: red eyes, odor of marijuana, and slowed reactions.
They may use field sobriety tests: balancing, walking a line, and following a light with your eyes.
Sometimes they order blood or urine tests: which only show past use, not current impairment.

The problem is that THC can remain in your system long after the high wears off. A urine test can show marijuana for weeks, and blood tests can show it for days. That means you can be charged even when you weren’t actually impaired.

Real-World Example

One of my clients was pulled over late at night after rolling through a stop sign in Stamford. The officer said he smelled marijuana in the car and noticed my client’s eyes were red. My client admitted he had smoked earlier that afternoon, hours before driving. He felt completely sober, but the officer still arrested him for DUI.

A urine test came back positive for THC, which was no surprise, since THC lingers in the body. But there was no actual evidence that he was impaired behind the wheel. By challenging the reliability of the field sobriety tests and pointing out that THC presence doesn’t equal intoxication, I was able to negotiate a favorable outcome and protect his record.

Why These Cases Are So Tricky

Unlike alcohol, where science provides a clear BAC number, marijuana DUIs are built on shaky ground. Officers are relying on opinion-based signs of impairment, and the tests don’t prove you were high when driving. Many of my clients “fail” field tests simply because they were nervous, tired, or dealing with medical conditions — not because they were impaired.

That’s why marijuana DUI charges are often highly defendable. With the right defense lawyer, you can challenge both the science and the assumptions.

The Penalties Are the Same

Even though marijuana cases are different scientifically, the penalties in court are the same as alcohol DUIs. For a first offense, you’re facing:

Up to six months in jail (with a mandatory minimum of two days)
Fines between $500 and $1,000
A 45-day license suspension followed by installation of an ignition interlock device

Repeat offenses are punished more harshly, and a third DUI becomes a felony with mandatory jail, heavy fines, and long-term license consequences.

But the legal penalties are only part of the story. A DUI conviction also means skyrocketing insurance premiums, a permanent criminal record, and possible consequences for professional licenses or job applications.

The IDIP Program: A Way Out for First-Timers

The good news is that many first-time offenders may qualify for the Impaired Driver Intervention Program (IDIP). If you’re accepted, you complete educational classes, stay out of trouble, and your case is dismissed at the end of the program.

Judges don’t approve everyone automatically — they want to see good cause. That’s where I step in. I prepare a mitigation package that shows the judge you’re a strong candidate by highlighting your clean record, work history, and ties to the community.

For many clients, IDIP is the difference between a one-time scare and a permanent conviction.

Fighting Back Against Marijuana DUI Charges

Every marijuana DUI case is unique, but I always ask the same key questions:

Was the traffic stop legal? If the stop wasn’t valid, all the evidence can be thrown out.
Were the officer’s observations exaggerated? “Red eyes” and “slow speech” can be explained in many innocent ways.
Do the tests actually prove impairment? Positive THC results don’t show when marijuana was used or whether you were impaired at the time.

The bottom line is that these cases can be fought — and with the right defense, many can be reduced, dismissed, or diverted through IDIP.

Frequently Asked Questions

1. Can I get a DUI in Connecticut if marijuana is legal?
Yes. Marijuana may be legal to use, but driving under the influence is still illegal.

2. Is there a legal THC limit in Connecticut?
No. There’s no THC equivalent of .08 BAC. Police rely on officer observations and test results, even though they don’t measure impairment directly.

3. How long does marijuana stay in your system?
It can remain in urine for weeks and in blood for days. That’s why so many people get charged even when they weren’t high.

4. Do I lose my license for a marijuana DUI?
Yes. A first conviction carries a 45-day suspension and ignition interlock device requirement.

5. Can I get into the IDIP program?
Yes, if you’re a first-time offender and the judge approves. Successful completion usually results in dismissal of the DUI charge.

6. How are marijuana DUIs different from alcohol DUIs?
Alcohol DUIs rely on numbers. Marijuana DUIs rely on subjective opinions and flawed testing — which makes them easier to fight.

7. Will insurance companies find out?
Yes. A DUI conviction often causes insurance rates to spike dramatically for years.

8. Can an out-of-state marijuana DUI count against me in Connecticut?
Yes. If you’ve had a prior DUI in another state within ten years, Connecticut may treat your new arrest as a repeat offense.

Let’s Help You Today!

A marijuana DUI arrest doesn’t mean you were impaired — and it doesn’t mean you’ll be convicted. These cases are complicated, but with the right defense, there’s often a clear path to dismissal or reduction.

📞 Call me, Allan F. Friedman, Criminal Lawyer, at (203) 357-5555 today. I’ve been defending DUI cases in Connecticut for over 30 years, and I know how to fight weak evidence and protect your future.

👉 Don’t wait — contact me online now for a free and confidential consultation.