“I’m just smoking weed tonight, I’ll be your designated driver.” Perhaps you or a friend has said this before. The problem is that one can still get a DWI if he or she is smoking weed, even without drinking a drop of alcohol. In Minnesota, marijuana is an illegal controlled substance without a medical prescription. But in order to be charged with and convicted of a DWI after smoking weed, the state must prove more than simply that a one used marijuana and drove, operated, or was in physical control of a motor vehicle – the state must also show impairment. This means that the state must prove that the marijuana impacted one’s ability to safely operate a motor vehicle. The state can do this with the officer’s testimony and often with dash-cam video of the driver’s performance on roadside tests. Next time, warn your friend about the risks of getting a DWI after smoking weed.
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