Can you get charged with DUI in SC for driving after smoking weed? Here’s what the law says

South Carolina law is clear — driving under the influence of marijuana is the same as driving after drinking too much alcohol.

DUI is coming your way if you get pulled.

You can be arrested, too, if an officer has probable cause to suspect you are under the influence of marijuana.

“South Carolina’s DUI marijuana law is the same law that applies to all driving under the influence charges,” the Shealey law firm of Mount Pleasant says.

But here’s the difference. If you blow .08% or more in a breath test you are guilty of DUI, but there is no test for weed.

Here’s how the Shealey firm says officers determine if you’re impaired from marijuana:

• Poor driving, lane weaving, erratic driving, and speed changes
• Smell of marijuana from the vehicle
• Admissions of using weed
• Slurred speech
• Eye appearance, including red and bloodshot eyes, tracking abnormalities
• Poor coordination, including motor skills and hand-eye coordination
• Slower reaction time
• Inability to follow officer directions
• Paraphernalia found in the vehicle

“With marijuana, law enforcement officers are often left to guess — even if they are formally trained in drug detection — because the science is not as developed as it is for alcohol detection,” Shealey said. “Proving impairment without a standardized test can be a challenge.”

A bill is pending in the General Assembly that would prevent officers from considering smell as a determination of impairment.

South Carolina law says drivers found guilty of a first offense of marijuana-related DUI calls for 48 hours to 30 days in jail and a $400 fine. Second offense five days to a year and $2,100 to $5,100 fine, third offense 60 days to three years, $3,800 to $6,300 fine, fourth offense one to five years in prison.

Your license may be suspended as well.

Also, if you have marijuana in your vehicle that is a whole other problem. Marijuana is illegal in South Carolina and there is no provision for medical use in the state.

“Any form of marijuana use — recreational or medical — is illegal in South Carolina under current state laws. Despite growing advocacy efforts, the state has not made marijuana legally available for any purpose,” said Lori Murray, a lawyer in Columbia.

She said even small amounts of weed possession can bring fines such as up to 30 days in jail or a fine of up to $200 for a first offense and subsequent offenses are up to one year in jail or a fine of up to $2,000.