It’s no secret that driving while drunk is extremely dangerous. The National Highway Traffic Safety Administration says that one person was killed in a drunk driving crash every 39 minutes in the U.S. in 2022 alone. But what about driving while high?
While many users think its effects are safer than alcohol when it comes to driving ability, the science says may surprise you.
The Risks of Driving High
Even though recreational cannabis is illegal in South Carolina, some drivers still get behind the wheel while impaired by THC, the compound responsible for cannabis’s psychoactive properties (the “high”). While it is difficult to connect the presence of marijuana or concentration of THC to impairment in driving performance for an individual person, studies have shown an association between acute marijuana use and car crashes.
The National Institute on Drug Abuse reports that marijuana is the most common illicit drug found in the blood of drivers involved in car crashes, including fatal accidents. A study conducted by the European Union found that drivers who had detectable levels of THC in their blood doubled their risk of causing fatal crashes compared to drivers who weren’t impaired by drugs or alcohol.
The Centers for Disease Control and Prevention says both marijuana usage and THC impairment can affect critical driving ability, such as:
- Delaying response times
- Impairing judgment and decision-making abilities
- Causing or increasing anxiety
- Distorting memory making it difficult to recall nearby vehicle positions
- Impairing coordination making the actual task of driving more difficult
So, is driving high illegal? Yes. Under South Carolina law, it’s illegal to drive under the influence of any substance that impairs your ability to safely operate a vehicle, including marijuana.
How Many Deaths Are Caused by Driving High?
The number of crashes involving drivers high on marijuana is on the rise. According to The New York Times, from 2000 to 2018, the percentage of motor vehicle fatalities involving cannabis more than doubled – from 9% to 22%. In contrast, the number of fatal alcohol-related crashes remained roughly the same during the same time period.
Even though recreational marijuana is legal in some states, driving stoned is never legal. Drivers impaired by THC can be held liable if they cause crashes that injure or kill others while under the influence.
DUI for Driving High in South Carolina
South Carolina Code § 56-5-2930 says:
“It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired.”
South Carolina has strict DUI laws that apply to driving under the influence of marijuana. Under this code, it’s illegal to drive while impaired by alcohol, drugs, or any other substance that affects your ability to drive. If you’re pulled over or involved in a crash, law enforcement officers will look for signs that you’ve been driving high. These signs might include:
- Marijuana odor emanating from the vehicle
- Seeing marijuana in the vehicle
- Seeing marijuana-related paraphernalia in the vehicle
- Hearing an admission of smoking marijuana from the driver of the vehicle
- Your appearance and behavior
Proving Marijuana Impairment: Driving Drunk vs. High
While alcohol impairment is easy to prove after a crash via a Breathalyzer test or blood test, proving marijuana impairment is much more difficult. THC can remain in a person’s blood for weeks, but its psychoactive effects may last for only a few hours. This makes it difficult to definitively prove if someone was driving while high at the time of a car accident.
Police may rely on failed field sobriety tests or erratic driving behavior to make a marijuana-related DUI arrest. This is why driving high carries its own legal challenges, but that doesn’t mean it’s any less dangerous.
What to Do if You Suspect a High Driver Caused an Accident
If you suspect that the driver who caused your accident was impaired by cannabis, there are important steps you should take to protect your rights and build a strong case.
In addition to seeking compensation for medical bills, property damage, and other accident-related costs, victims of impaired driving accidents may also be eligible for punitive damages. These damages are designed not only to penalize the impaired driver’s reckless behavior but also to deter similar actions in the future, helping protect others from harm.
Following these steps can improve your chances of recovering both compensatory and punitive damages, supporting your recovery and sending a clear message against impaired driving:
- Prioritize Safety: Make sure you and any passengers are safe, then call 911 to report the accident.
- Seek Medical Care: Get evaluated by a medical professional as soon as possible, even if you feel fine initially, as some injuries may not be immediately apparent.
- Report Suspicious Behavior: Inform the dispatcher of any signs of impairment, such as delayed reactions, slurred speech, or trouble focusing, so they can alert responding officers.
- Communicate with Law Enforcement: When officers arrive, mention your suspicions so they can conduct sobriety tests or request a toxicology screening if appropriate.
- Document the Scene: Take photos and videos of the accident scene, damages, and any unusual behavior displayed by the other driver to support your claim.
- Consult an Attorney: Speaking with a personal injury lawyer can help you understand your rights and options for seeking compensation, as driving under the influence can impact liability in your case.
These steps can help build a strong case and contribute to a safer community by holding impaired drivers accountable
Contact Our South Carolina DUI Car Accident Lawyers
At Joye Law Firm, we have no sympathy or tolerance for drunk drivers when they cause crashes. The same is true for people who get behind the wheel while impaired by illegal drugs, including marijuana. Driving is a highly complex and difficult task that many people take for granted. Driving while impaired – whether by alcohol or marijuana – is reckless and dangerous.
At Joye Law Firm, we use innovative techniques to help prove liability, including in-depth investigations, digital evidence gathering, and collaboration with top accident reconstruction experts to establish a clear picture of what happened. Our attorneys are well-versed in complex insurance laws and know how to counter the tactics insurance companies often use to minimize claims. With a strong reputation for success and a commitment to client care, we’ll be by your side every step of the way to secure the best possible outcome for your case.
If you or someone you love was hurt by an intoxicated or impaired driver, we’re here to help. Our South Carolina car accident attorneys will fight to hold impaired drivers accountable for the harm they’ve caused. Contact us today for a free consultation or call (888) 324-3100. We’re here to help you get the compensation you deserve.
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