Challenging a Traffic Stop for “Driving While High” in South Carolina

As you know, you can be pulled over and arrested for driving under the influence of alcohol in South Carolina. You can also be arrested for driving under the influence of marijuana and other drugs.

South Carolina’s driving while impaired laws make it illegal to drive under the influence of alcohol “to the extent that the person’s faculties to drive are materially and appreciably impaired,” as well as makes it illegal to drive under the influence of any drug or combination of drugs and alcohol that do the same. This includes marijuana.

The officer who pulled you over may ask you to step out of the car and participate in a field sobriety test (FST); however, there is no such thing as a marijuana specific field sobriety test. You have the legal right to refuse to participate in this test.

How do police officers test for marijuana?

In South Carolina, if you operate a motor vehicle, you implicitly give consent to a chemical test in the event you are arrested for DUI. The chemical test can be either a breath, blood, or urine test under various circumstances.

Law enforcement can test for marijuana through blood or urine tests, though urine tests are more common. Per Healthline, “THC may be detected in blood or saliva as soon as 2-24 hours after last use. Urine and hair tests have a longer detection window, anywhere from 1–90 days after last use.”

Law enforcement will try to use this information against you, but our team fights back. We know that the detection of marijuana in blood or urine alone is not sufficient to prove impairment. Even the U.S. Department of Justice has said that “there is little evidence correlating a specific THC level with impaired driving” and that “THC levels in biofluids were not reliable indicators of marijuana intoxication for their study participants.”

Don’t take any risks by trying to fight these charges on your own. Contact us immediately. Attorney A. Randolph Hough will craft a defense for you. He will fight to have the test results thrown out or suppressed. If the judge allows the tests to be submitted as evidence, he will explain to the jury how the “science” (or lack thereof) of these tests is faulty.

How we fight back against your “driving while high” charges

There are defenses for charges of driving while under the influence of marijuana, and we know all of them. As your DUI defense attorney, Attorney A. Randolph Hough works quickly and aggressively to have your charges dismissed outright because:

• Police failed to properly administer a blood or urine test
• Police requested the wrong test
• The test results were inaccurate
• The testing methods were inconsistent with best practices
• Someone violated the chain of custody
• There were other lab errors
• Law enforcement did not have a valid, legal reason to stop you
• You were not impaired by drugs, alcohol, or other substances

At The Law Offices of A. Randolph Hough, we tailor your defense to your specific case and incident. If we cannot have your charges dismissed completely, we can either pursue a plea bargain for reduced charges or present your case to a judge or jury.

If you are arrested for driving under the influence of marijuana, you need a criminal defense attorney now. The DUI defense attorney at The Law Offices of A. Randolph Hough is here to fight the good fight for you. Time is of the essence – so if you’re facing charges of DUI, contact us right away. Our offices are in Charleston and Columbia, and we represent clients throughout the entire state of South Carolina. Call us or fill out our contact form to schedule a consultation.