Idaho’s Laws on Recreational Cannabis and Driving: What You Need to Know
As neighboring states like Washington and Oregon have legalized recreational marijuana, many Idaho residents may wonder how these changes affect them, particularly when it comes to driving laws. Idaho has some of the strictest marijuana laws in the country, and understanding the legal risks associated with driving under the influence of marijuana is crucial. This article explores Idaho’s DUI laws concerning marijuana, the risks of crossing state lines with cannabis in your system, and the potential consequences for Idaho drivers.
Marijuana and DUI Laws in Idaho
Idaho law strictly prohibits driving under the influence of any intoxicating substance, including marijuana. Under Idaho Code § 18-8004, a person is considered to be driving under the influence (DUI) if they operate a vehicle while impaired by any substance that affects their ability to drive safely. Unlike alcohol, which has a defined blood alcohol concentration (BAC) limit of 0.08%, Idaho does not set a specific THC threshold. Instead, a DUI charge can be based on any evidence of impairment, which may include erratic driving, failed field sobriety tests, and the presence of marijuana metabolites in a driver’s system.
Cross-Border Implications for Idaho Residents
Many Idaho residents travel to neighboring states where recreational marijuana is legal. However, it is essential to understand that bringing marijuana back into Idaho is illegal, even if purchased legally elsewhere. Possession of any amount of marijuana in Idaho can lead to criminal charges, including fines and jail time.
Additionally, Idaho law enforcement officers may charge a driver with DUI if they suspect impairment, regardless of where the marijuana was consumed. THC can remain in a person’s system for days or even weeks, meaning that even if a driver is no longer impaired, they could still face legal consequences if tested and found to have marijuana metabolites in their system.
Penalties for a Marijuana DUI in Idaho
A first-time DUI conviction in Idaho can result in:
- Up to six months in jail
- Fines of up to $1,000
- A license suspension of 90 to 180 days
- Possible mandatory substance abuse evaluation and treatment
Subsequent offenses carry even harsher penalties, including longer jail sentences, higher fines, and extended license suspensions. Additionally, a DUI conviction can have lasting consequences, such as increased insurance rates, difficulty finding employment, and a permanent criminal record.
How to Stay Compliant with Idaho Law
To avoid legal trouble, Idaho residents should:
- Refrain from driving after consuming marijuana, even if done legally in another state.
- Avoid transporting marijuana across state lines into Idaho.
- Be aware that law enforcement can test for impairment through field sobriety tests and blood or urine tests.
- Consult an attorney immediately if charged with a marijuana-related DUI.
While recreational marijuana may be legal in neighboring states, Idaho’s strict DUI and possession laws remain unchanged. Driving under the influence of marijuana carries serious legal consequences, and even lawfully consuming cannabis in another state can lead to criminal charges once back in Idaho. If you have been charged with a marijuana-related DUI or have questions about your rights, contact Kevin Donohoe Law Office for expert legal guidance.
