When most people hear the term “DUI,” they immediately think of alcohol, but what happens if you’re pulled over after using marijuana? Could you still face a DUI? It’s one of the most common questions our Wichita marijuana defense lawyers hear. Here’s what every driver should know about marijuana-related DUIs in Kansas.
Can You Get a DUI for Driving High in Kansas?
The short answer is yes. Driving under the influence of drugs, including marijuana, is illegal in Kansas and can result in serious criminal charges. You don’t have to be swerving all over the road or slumped over the steering wheel to be arrested. If law enforcement believes you were under the influence of marijuana to the point that you were incapable of safely operating a vehicle, you could face the same DUI charges and penalties as someone accused of driving under the influence of alcohol.
What if I have a medical card? It’s also important to understand that a medical marijuana card issued by another state does not provide an exception under Kansas law. Even if marijuana was legally obtained elsewhere, you can still be arrested and charged with a DUI if an officer believes you were impaired while driving.
How Marijuana DUIs Differ From Alcohol DUIs
Although marijuana and alcohol DUIs carry the same legal consequences in Kansas, they’re not investigated the same way. Unlike alcohol, there isn’t a roadside breath test that can accurately measure marijuana impairment. Instead, officers typically rely on a combination of observations, including driving behavior, physical signs of impairment, statements made during the traffic stop, field sobriety tests, and, in some cases, blood or urine testing.
“Because THC affects everyone differently and can remain detectable in the body long after its impairing effects have worn off, marijuana DUI cases are often more complicated than alcohol-related DUIs,” said Jonathan W. McConnell, founding Wichita marijuana defense lawyer at the McConnell Law Firm. “Determining whether someone was actually impaired at the time they were driving isn’t always as straightforward as a breathalyzer reading, which is one of the reasons these cases require careful evaluation from an experienced drug crimes attorney.”
Potential Penalties
A marijuana-related DUI carries the same penalties as an alcohol-related DUI under Kansas law. The consequences become increasingly severe with each conviction and may include jail or prison time, fines, driver’s license suspension, and ignition interlock device (IID) requirements.
First DUI Offense
According to Kansas Statute, the penalties for a first-time DUI offense are severe but less stringent when compared to subsequent offenses. A first DUI conviction is classified as a class B, nonperson misdemeanor, with penalties including:
- Up to six months of jail time.
- Fines ranging from $750 to $1,000.
- A minimum of a 30-day license suspension followed by a six-month to two-year ignition interlock device (IID) requirement.
Second DUI Offense
A second DUI offense in Kansas is classified as a class A, nonperson misdemeanor. These penalties could include:
- Mandatory 48 hours of actual imprisonment followed by 72 hours of house arrest or work release.
- Additional 90 days to one year of suspended or actual jail time.
- Fines ranging from $1,250 to $1,750.
- A one-year license suspension followed by a lengthy ignition interlock device (IID) requirement.
Third DUI Offense
A third DUI offense may be charged as either a Class A nonperson misdemeanor or a Level 6 nonperson felony, depending on the driver’s prior DUI history under Kansas law. Potential penalties may include:
- Jail time
- 17 to 46 months of prison time (depending on criminal history).
- A substantial fine.
- A one-year license suspension followed by a lengthy ignition interlock device (IID) requirement.
Fourth and Subsequent DUI Offenses
Kansas law continues to impose strict penalties for fourth and subsequent DUI offenses. These offenses are classified as level 6, nonperson felonies, with increasing severity for each additional offense. The penalties include:
- 17 to 46 months of prison time (depending on criminal history).
- A substantial fine.
- A one-year license suspension followed by a three to 10-year ignition interlock device (IID) requirement.
Have You Been Accused?
Are you facing a marijuana-related DUI charge? We encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a Wichita marijuana defense lawyer about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.
