Maybe you’ve heard the myth: “Driving high isn’t as bad as driving drunk.” Or maybe you’ve known someone who says they’re a better driver when they’re “chill.”
But here’s the truth: Driving under the influence of marijuana is dangerous, illegal, and can have life-changing consequences.
DWI and marijuana—driving while impaired by weed—is a growing issue in states where cannabis is legal and even where it’s not. And while weed may not smell like alcohol or cause the same kind of slurred speech, THC still affects your brain, your body, and your ability to drive safely.
According to the National Highway Traffic Safety Administration (NHTSA), drivers who use marijuana are more likely to be involved in crashes than sober drivers—especially when combined with alcohol. And a study published by the AAA Foundation for Traffic Safety found that fatal crashes involving drivers who tested positive for THC doubled after marijuana was legalized in some states.
As public health expert Dr. Nora Volkow says:
“Just because marijuana is legal in some states doesn’t make it safe to use before driving. Impairment is impairment.”
Let’s take a closer look at the facts about DWI and marijuana, the risks, the laws, and how you can stay safe.
What Is a Marijuana-Related DWI?
A DWI (Driving While Impaired) is a charge given when a driver operates a vehicle under the influence of drugs or alcohol. In some states, the term used is DUI (Driving Under the Influence), but they both mean one thing: driving while your ability to react and make decisions is affected.
With alcohol, police use a breathalyzer and a blood alcohol content (BAC) limit of 0.08%.
With marijuana, it’s trickier. THC—the active ingredient in weed—can’t be measured the same way. THC stays in your system long after the high wears off, but impairment only lasts a few hours. That makes roadside testing and legal enforcement more complicated.
Still, marijuana-related DWIs are very real—and they carry serious consequences.
How Addiction Treatment Can Help You Avoid Jail Time
If you’ve been arrested for a marijuana-related DWI, you may be facing serious consequences—fines, license suspension, and even jail time. But here’s something many people don’t realize:
Enrolling in a treatment program can sometimes reduce your sentence or help you avoid jail altogether.
Here’s how:
- Diversion programs: Many courts offer first-time offenders the chance to attend a substance abuse treatment program instead of serving jail time. Completing the program can result in reduced or dismissed charges.
- Court-ordered rehab: Judges often consider voluntary admission to a treatment center as a sign that you’re taking responsibility. This can influence sentencing in your favor.
- Probation support: If you’re placed on probation, attending outpatient therapy or group support (like Marijuana Anonymous) can show compliance and commitment to change—keeping you out of further legal trouble.
- Legal defense strategies: Your attorney may use your willingness to seek help as part of a defense or plea negotiation.
Bottom line:
Getting help isn’t just good for your health—it could protect your freedom.
If you’re facing charges, talk to both a lawyer and a treatment provider. Together, they can help you build a recovery plan that works in your favor—both legally and personally.
How Marijuana Affects Driving
Even if you feel “fine,” your brain may not be working as well as you think after using cannabis. THC affects:
- Reaction time: Slows down your ability to respond to road hazards
- Coordination: Makes it harder to steer, brake, or stay in your lane
- Judgment: Increases risk-taking and lowers awareness of danger
- Attention: Makes it harder to stay focused and detect changes in traffic
- Memory: Impairs short-term thinking and decision-making behind the wheel
The more THC you consume—and the stronger the product—the more your driving ability is affected.
Is It Illegal to Drive High?
Yes. Driving under the influence of marijuana is illegal in every state. Even in states where recreational or medical marijuana is legal, it’s still against the law to drive while impaired.
Most states now treat weed DWI the same as alcohol-related DWI, with penalties that may include:
- Fines
- License suspension
- Mandatory drug education programs
- Probation or jail time
- Community service
- Ignition interlock devices (in some cases)
- Increased insurance rates
And just like alcohol, refusing a drug test during a traffic stop can result in penalties, too.
How Police Test for Marijuana Impairment
Unlike a breathalyzer for alcohol, marijuana impairment is usually tested in other ways:
Field Sobriety Tests:
- Walk-and-turn
- One-leg stand
- Horizontal gaze (eye movement)
Drug Recognition Experts (DRE):
Some officers are specially trained to detect drug impairment through physical signs like pupil size, heart rate, coordination, and behavior.
Blood or Saliva Testing:
In some states, if an officer suspects you’re high, they may require a blood draw or oral swab to detect THC levels.
Note: THC can remain in the bloodstream for days or weeks, but only recent use leads to impairment. That’s why laws vary on how THC levels are interpreted.
State Laws on DWI and Marijuana
Laws about cannabis and driving vary by state. Some have zero-tolerance policies, meaning any THC in your system can lead to a DWI. Others set per se limits, similar to BAC for alcohol.
Here are a few examples:
- Colorado: 5 nanograms of active THC per milliliter of blood = presumed impairment
- California: No specific limit, but driving impaired by THC is illegal
- Arizona: Zero-tolerance—any THC in your system can lead to a charge
- New York: Illegal to drive under the influence of marijuana, even though it’s legal recreationally
No matter the state, if you’re driving high and showing signs of impairment, you can be arrested.
The Risks of Driving High
Driving under the influence of marijuana increases your risk of:
- Car accidents
- Injuring yourself or others
- Losing your license
- Paying high legal fees and fines
- Spending time in jail
- Hurting your chances at jobs or scholarships
- Facing civil lawsuits if someone is harmed
No high is worth a lifetime of regret.
Mixing Weed with Alcohol or Other Drugs
One of the most dangerous combinations is mixing marijuana with alcohol. Both substances impair your brain—but in different ways. Together, they multiply the risk of accidents.
Mixing cannabis with prescription drugs, sedatives, or other substances can also increase impairment, drowsiness, or confusion—making driving even more dangerous.
How Long Should You Wait to Drive After Using Weed?
There’s no perfect answer, because it depends on:
- How much you used
- The strength of the product (THC percentage)
- Your tolerance level
- The method of consumption (smoking vs. edibles)
General guidelines recommend waiting at least:
- 4–6 hours after smoking
- 8–12 hours after edibles
- Longer if you still feel high or drowsy
If you’re unsure, the safest choice is don’t drive. Call a ride, use public transportation, or wait until you’re fully sober.
What to Do If You’re Caught Driving High
If you’re pulled over and you’ve recently used marijuana:
- Stay calm and polite
- Don’t admit to using weed—you’re not legally required to say when or how much you used
- Cooperate with the officer
- Know your rights—but don’t resist field tests or arrest
- Contact a lawyer immediately if you’re charged
Even if you avoid criminal penalties, a marijuana DWI can affect your future. Treat it seriously and seek help if needed.
How to Prevent Marijuana DWIs
If you use marijuana, you can reduce risk by:
- Planning ahead: Have a sober ride lined up
- Knowing your limits: Don’t experiment with new products before driving
- Avoiding high-risk situations: Don’t drive late at night or in bad weather while impaired
- Educating friends: Don’t let someone else drive high—take their keys
- Seeking help: If you find it hard to stop or manage your use, talk to a counselor
When to Seek Help
If marijuana use is affecting your ability to drive safely, or if you’ve had a run-in with the law, it might be time to reevaluate your relationship with cannabis.
Signs You May Need Support:
- You drive high even when you don’t want to
- You feel anxious, guilty, or ashamed about your use
- You’ve had close calls or accidents while driving high
- You can’t quit, even after legal trouble
- Weed is affecting your school, job, or relationships
There’s no shame in seeking help. Recovery is possible, and safer choices are within reach.
Final Thoughts: DWI and Marijuana Is No Joke
Driving high is not safe. It’s not legal. And it’s not worth the risk.
Even if marijuana is legal where you live, driving under its influence is not. Understanding the laws, the science, and your own limits can help you protect yourself and others.
Don’t let a joint or an edible be the reason your life changes forever.
As Dr. Kevin Sabet reminds us:
“Driving under the influence of anything—weed, pills, or booze—puts everyone on the road at risk. Make the smart choice.”
Drive sober. Stay safe. And if you need help, it’s just a call away.
