With cannabis products now legal for recreational and/or medical use in some states, it’s important to remember that driving while high remains illegal (and dangerous) everywhere. That’s why law enforcement agencies across America are working hard to keep people under the influence of cannabis off the road.

For decades, Ignition Interlock Devices like Smart Start’s have been some of the most important tools for Separating Drinking From Driving®. Thus, as cannabis legalization continues to spread, you might be wondering if there are “marijuana breathalyzers” for vehicles or Ignition Interlock Devices that can detect weed. Right now, the answer is no — but read on to learn about how law enforcement is developing new tools to help in the fight against drugged driving.

Does a Breathalyzer Detect Weed In an Ignition Interlock Device?

No, the Ignition Interlock Devices (IIDs) that many drivers are required to install on their vehicles after getting a DUI do not detect marijuana use. Currently, no IID technology is available that can detect marijuana on a driver’s breath.

So why can’t a car breathalyzer detect weed? The fuel-cell technology that breathalyzers use was developed specifically to detect alcohol. Some of the properties of alcohol make it especially easy to detect on a person’s breath, but that’s not the case with THC (the chemical in marijuana that creates the “high” sensation). 

That doesn’t mean that it’s safe or wise to use cannabis products while driving or before driving. In fact, it’s very dangerous: Cannabis slows your reaction time, impairs your judgment, and has other negative effects on your driving abilities. Impaired driving is always dangerous, whether a driver is impaired by THC, alcohol, or another substance. 

Why It’s Hard to Detect Marijuana Impairment

With many current tests for marijuana, it can be hard to distinguish whether a person has recently consumed marijuana. That’s because the THC metabolites that the tests detect are stored in fat cells, so they can continue to show up in people who used cannabis products days or even weeks ago, according to WebMD.

Researchers have been working hard on a solution to this problem, and several states have rolled out pilot programs to test new drug-detection technologies. In Indiana, for example, some police departments have begun equipping officers with an improved oral fluid test that identifies recent marijuana use, along with other drugs like cocaine and methamphetamine. So, while there are still challenges in reliably detecting marijuana usage, new technologies are pushing the field forward.

Can You Get a DUI for Driving High?

Yes. Many states have laws that criminalize driving a vehicle while under the influence of marijuana or any other drug. Different states use different definitions of driving while under the influence of marijuana, including:

• Zero-tolerance: Any amount of THC in your body
• Per Se: An amount of THC in your body over a predetermined limit
• Under the Influence DUID: Any amount of THC that impairs your ability to drive

While it can be more challenging to prove that a driver is impaired by marijuana, that’s no protection against all of the challenges that a DUI can bring into your life. You could face probation, fines, jail time, a suspended driver’s license, and other potential consequences that come with a DUI. You can help keep our roads safe by finding another way home, even if you think you’re able to drive. Assign a designated sober driver or take advantage of other options like taxis, rideshares, or public transit. 

Frequently Asked Questions About Car Breathalyzers and Marijuana

• Can a standard breathalyzer in an Ignition Interlock Device be modified to detect marijuana?

  • No. Only tests specifically designed to identify THC can detect its presence. 

• Are marijuana breathalyzers available for use in Ignition Interlock Devices (IIDs)?

  • So far, no state has approved any breath sample-based method for detecting cannabis use via an Ignition Interlock Device.

• Does marijuana show up on a DUI blood test?

  • It could, depending on what the blood sample is tested for. If you receive a blood test as part of a DUI arrest, the sample might be tested only to establish your blood alcohol concentration (BAC), but it might also be tested for THC and other drugs. 

While Smart Start doesn’t offer marijuana breathalyzers, we’re always keeping up with the latest developments in Interlock Device technology. Learn more about how breathalyzers work, or get in touch with our Program Advisors to find the right Interlock Device for your DUI program.

Colorado is one of a few states that has an additional category of impaired driving offense besides DUI. It’s called DWAI, or Driving While Ability Impaired — and while a DWAI is a lesser category of offense than a DUI, it’s still a serious offense that can significantly affect your life.

Here’s a quick look at DWAI in Colorado, including the basics of what you can expect if you’re charged with DWAI.

DWAI: Meaning, Legal Limits and Colorado Laws

Under Colorado law, a person is guilty of DWAI if they’re impaired “to the slightest degree.” That gives officers broad discretion to arrest drivers they suspect of operating a vehicle while under the influence of alcohol or drugs.

Colorado drivers with a BAC test result between .05% to .079% can receive a DWAI, according to No DUI Colorado. Still, remember that there’s no minimum BAC threshold for a DWAI. Any time you drive a vehicle with the slightest degree of impairment, you can be charged with DWAI.

Thus, the only way to be 100% sure you won’t get a DWAI or DUI in Colorado is to avoid having any amount of alcohol before driving. Remember, even a single alcoholic drink produces effects like slower reflexes and impaired reasoning — and it’s deceptively difficult for a person to gauge for themselves how impaired they are.

Penalties for a DWAI in Colorado

DWAI penalties are less severe than DUI penalties, but they’ll still cost you a lot of money, time, and effort. According to Colorado law, even on the first offense a DWAI can come with penalties that include:

• A minimum of two days and a maximum of 180 days in jail
• A fine of $200 to $500
• 24 to 48 hours of community service
• Eight points on your driver’s license

The court might suspend some of these penalties if you meet specified conditions, such as attending an approved drug and alcohol treatment program.

One of the most important aspects of a DWAI charge is that it can lead to significantly tougher penalties if you get a DUI or another DWAI later. Once you have more than one impaired driving charge of any kind, you’re subject to enhanced penalties, even if one of the charges was a DWAI rather than a DUI.

How a DWAI Can Impact Your Life

A DWAI can affect your life in many other ways that you might not realize. These are some additional consequences of a DWAI that you should be aware of:

• Insurance Rates: Your auto insurance rate often increases significantly after a DWAI or DUI, and some insurance carriers might cancel your policy. Some drivers might also have to obtain an SR-22 insurance form certifying that they’re carrying a specified amount of coverage.
• Employment: A DWAI may be an obstacle to getting certain jobs and can get you suspended or fired from your current job, especially if the job involves driving. It can also make it harder to get certain professional licenses.

Frequently Asked Questions About DWAI in Colorado

• Can you be charged with DWAI if you feel fine?

  • You can be charged with DWAI no matter how you’re personally feeling. A DWAI is based on whether an officer observed you to be impaired and whether you have alcohol or other drugs in your system.

• Is a DWAI a criminal offense in Colorado?

  • A DWAI is a criminal offense in that it’s resolved through the criminal court system, like a DUI. In most cases, a DWAI is a misdemeanor, not a felony. However, drivers who are repeatedly charged with DUI can be charged with felony DUI under some circumstances.

DWAI charges are one component of Colorado’s tough approach to drinking and driving. If you’ve received a DUI or DWAI in Colorado, an Ignition Interlock Device from Smart Start might be the next step that’s required to get your license back. Check out our guide to IIDs in Colorado for all the key information that will help you navigate the IID process.

In 2019 alone, 11,639 DWI arrests were made in North Carolina, according to Responsibility.org¹. The state is notoriously tough when it comes to a DWI case because of its zero-tolerance policy. If you or a loved one is facing a DWI in North Carolina, you might be overwhelmed as you research potential penalties and the NC DWI levels system.

Fortunately, it is possible to navigate your NC DWI penalties smoothly so that getting back on the road doesn’t have to be a hassle.

Read on to learn about the DWI penalties you might face in North Carolina and the “levels” system used for DWI charges in NC.

DWI Penalties

There are a variety of penalties for a DWI and DUI in North Carolina, depending on whether it’s a first or repeat offense (as well as other factors). Below, we list the automatic penalties you’ll incur with each offense.

First Offense

The first time you’re convicted of a DWI in North Carolina, you’ll face a misdemeanor. The following penalties will be imposed automatically²:

• Your driver’s license will be revoked for one year
• After you get your driver’s license back, your legal blood alcohol content (BAC) limit will be lowered to 0.04% for an additional three years
• You’ll be fined a minimum of $200 (and a maximum of $4,000)
• You’ll serve a minimum 24-hour jail term (or complete 24 hours of community service, or some combination of the two). If you receive maximum punishment, you’ll serve a jail term of no less than 30 days but no more than 24 months.

If you’re convicted of your first offense DWI in North Carolina, but your BAC is 0.15% or higher, you’ll receive additional punishments, including the following:

• Your driving privilege will be suspended for 45 days. After 45 days, your judge might issue a limited driving privilege during the rest of the year for which your license is revoked. For instance, you may drive to and from work, school, court-ordered substance abuse education or treatment, and Ignition Interlock service facilities only.
• For one year, you’ll be required to have an Ignition Interlock Device (IID) installed in your vehicle at your own expense. This breathalyzer device will only allow your car to start if your BAC is below the legal limit.

Additionally, when you’re initially pulled over, you’ll be required to take a breath or blood test, and refusal to take the test will result in the loss of your driver’s license for up to a year (at least 30 days pre-trial). Plus, you may be required to submit a blood sample with no right to refuse.

If breath or blood tests show that your BAC is 0.08% or higher, your driver’s license will be immediately revoked for at least 30 days.

Second Offense

A second-offense DWI in North Carolina is still considered a misdemeanor. If you’re convicted a second time within three years, you will:

• Have your driver’s license revoked for four years
• Have a new legal BAC of 0.00% for seven years once your license is returned

Regardless of how much time elapsed between your first and second offense, you’ll face the following penalties:

• You’ll be fined a minimum of $2,000 and a maximum of $4,000
• You’ll face a minimum jail time between seven days and 12 months (24 months if you receive the maximum level of punishment)

If your second offense takes place within seven years of your first offense, you’ll lose all driving privileges for one year with no possible limited driving privilege to commute to work, school,  or substance abuse treatment.

Upon your second offense, you’ll also be required to install an Ignition Interlock system in your car for three years at your own expense. This is a safety precaution—the device still must be installed before you’re allowed to drive.

Once you’re allowed a limited driving privilege (if your second offense was not within seven years of your first), you must use your ignition Interlock Device in NC each time you start your car.

The same penalties apply regarding breath and blood tests. Refusing a breath or blood test will result in losing your license for 30 days to one year (and may result in a required blood sample). Failure of your test will result in immediately losing your license for 30 days.

Third Offense

For your third DWI offense in North Carolina, you’ll still be charged with a misdemeanor. The following penalties will also apply:

• You’ll immediately lose your driver’s license permanently (if one or both of your previous offenses were within the last five years)
• You’ll be fined up to $10,000
• You’ll serve a jail term between one and three years
• When your license is returned to you, you’ll be required to install an Ignition Interlock system in your car before you’re allowed to drive and must keep it for seven years at your own expense

The same breath and blood test requirements also apply—if your BAC is over 0.08%, you’ll immediately lose your license for 30 days, and refusal of the test will result in the loss of your license for 30 days to one year (and a possible required blood sample).

Fourth Offense

Is a DUI a felony in NC? If you receive a fourth DWI offense in North Carolina within the same ten years as your previous three convictions, you’ll be tried for a Class F felony. If your last conviction was at least ten years ago, you’ll still be charged with a misdemeanor.

When you’re charged with your fourth offense, you’ll face the following penalties:

• You’ll lose your driver’s license for life, with no limited driving privileges (i.e. driving to work or substance abuse education) for at least ten years
• You’ll serve a minimum of 12 months imprisonment; the maximum term is 59 months and a fine

The same breath and blood test penalties apply (failure of the test results in immediate driver’s license revocation for 30 days; refusal of the test results in driver’s license revocation for 30 days to one year and a possible required blood sample).

If you’re caught driving while your license is revoked (or you’re charged with a DWI without your license and insurance on you), your car will be seized and held by the state, pending the results of your trial.

If you’re convicted of a DWI while your license was revoked or while you did not have your license and insurance on you, your car will be donated to the local school board (to keep for their own use or to sell and keep the funds). You’ll also be prohibited from registering another car in your name until you get your license back.

Levels for DWI Offenses in North Carolina

Depending on the situation surrounding the DWI charge, drivers in North Carolina may be charged using more specific parameters on a “level” basis (for misdemeanor DWIs only). In the NC system, level V is the least severe and level I is the most severe³.

The “level” at which you are charged in North Carolina is based on the number of aggravating factors in your case (i.e. people charged at level I are likely people with a repeat North Carolina DWI offense, drivers with revoked licenses, drivers with children as passengers, or impaired drivers who wounded passengers in a crash).

Below are the penalties for each level³:

• Level V – A fine of up to $200 and a minimum jail sentence of 24 hours to 60 days (sentence can be suspended by the judge in favor of a 24-hour jail sentence, 24 hours of community service, or revocation of driving privileges for 30 days)
• Level IV – A fine of up to $500 and a minimum jail sentence of 48 hours to 120 days (judge can suspend in favor of 48 hours in jail, 48 hours of community service, or revocation of driving privileges for 60 days)
• Level III – A fine of up to $1,000 and a jail sentence of 72 hours to six months (judge can suspend in favor of 72 hours in jail, 72 hours of community service, or revocation of driving privileges for 90 days)
• Level II – A fine of up to $2,000 and a jail sentence of seven days to one year (which a judge cannot suspend)
• Level I – A fine of up to $4,000 fine and a jail sentence of 30 days to two years (which a judge cannot suspend)

In addition to these penalties, drivers must complete a substance abuse assessment and comply with any treatment recommended per the results as a condition of getting their license back.

Get Back on the Road with Smart Start

Fortunately, your Interlock Device requirement in NC doesn’t have to be a hassle—particularly if you partner with Smart Start.

Our IIDs are easy to install, easy to use, and discreet enough to move freely around your driver’s seat area. Plus, we have affordable pricing, with bi-weekly and monthly payment plans available.

If you’re facing a DWI charge in North Carolina, trust Smart Start to get you back on the road faster.

Sources: 

1. Responsibility.org. National Drunk Driving Statistics Map. https://www.responsibility.org/alcohol-statistics/state-map/state/north-carolina/
2. North Carolina Department of Transportation. Booze It & Lose It. https://www.ncdot.gov/contact/RR_GHSP_DOCUMENTS/BoozeItLoseItBrochure.pdf#search=dwi
3. North Carolina Department of Public Safety. Driving and Alcohol. https://www.ncdps.gov/our-organization/law-enforcement/state-highway-patrol/laws/driving-alcohol

Getting a DUI isn’t uncommon in Washington State. In fact, in a recent report Washington State ranked 8th highest out of all 50 states for the number of DUI arrests per year.¹ And per the Washington State Patrol, DUI crashes and deaths caused by impaired driving are on the rise, increasing every year since 2019.²

Perhaps because of this, the Evergreen State has some of the harshest penalties in the nation for DUI offenses.

Consequences of a DUI Washington State first offense can be more or less severe depending on your blood alcohol content (BAC) and other factors, such as the severity of the incident and whether minors were in the vehicle. In this article, we’ll cover what you should know if you’re facing a first-time DUI charge, including what happens after arrest and the minimum penalties you may face.

What Happens On Your First DUI?

Seeing those flashing blue-and-red lights in your rearview mirror is never a good feeling. But if you’re driving under the influence of drugs or alcohol in Washington State, you’ve got a bit more reason to worry. For adults, a blood alcohol concentration of 0.08 or above is considered intoxication in Washington. For minors under age 21, 0.02 is the limit.

But be aware: You can be charged with a DUI even if your BAC is lower. If the prosecutor shows that your driving was affected by alcohol or drugs—no matter the amount—you can be convicted of DUI. This applies to legal drugs, such as THC, prescription and over-the-counter medications as well.

Here’s what you can expect if you’re dealing with a 1st offense DUI in Washington State³:

• You’ll face both criminal and administrative cases – DUI arrests in Washington involve two separate cases: A criminal DUI case, and an administrative case brought by the Department of Licensing to suspend the driver’s license.
• You’ll have the opportunity to request a hearing – After a DUI arrest, you’ll receive paperwork that includes a form to request a license suspension hearing. If you file this request within 7 days, you can contest your license suspension. If you don’t, your driver’s license will automatically be suspended on day 30 following your arrest.⁴
• You’ll be given a court appearance date – As part of the criminal case, you must appear in court for arraignment. This is when the prosecution will present the charges against you and you’ll enter your plea. The court will notify you of the conditions imposed while your case is pending, such as posting bail, applying for an Ignition Interlock License, etc.⁵

The legal proceedings following a DUI offense are complicated, even if it’s your first DUI. You should always contact an attorney if you’re facing a DUI charge. They will assess the prosecutor’s case against you, advise you on the chances of negotiating for a reduced charge, and ensure you’re treated fairly.

Felony Or Misdemeanor?

Is a DUI a felony in Washington? Most DUI first offenses in Washington will be charged as a gross misdemeanor. However, the circumstances surrounding your DUI offense will affect the type of charge brought against you.

Here are the aggravating circumstances that can lead to a DUI charge being classed as a felony:

• Multiple offenses – Repeated DUI offenses result in harsher penalties each time. A fourth DUI in a 10 year period will be charged with a felony.
• Severe injuries or fatalities – If a DUI incident causes harm or death to another person, it is classed as vehicular assault or vehicular manslaughter. Both of these charges are felonies.
• Child endangerment – A DUI incident with a minor under the age of 16 in your car can result in felony DUI charges.

What Happens During a DUI Investigation?

If you’re pulled over in Washington State, officers will look closely for signs that you may be driving under the influence of any substance. If they smell alcohol or believe that you seem impaired, you’ll be asked to get out of the car for further investigation.

Here’s what you can expect next⁶:

1. Field sobriety tests. The officer will use standard tests to assess your coordination, balance, and cognitive abilities. Your performance on these tests will be used as evidence in court if you are charged with DUI. Some officers will perform a breath test using a portable test kit at the scene.
2. DUI arrest. If the officer believes that your performance on the field sobriety tests shows impairment, you’ll be arrested for suspicion of DUI. The officer will drive you to the station for BAC testing and booking.
3. Breathalyzer and blood tests. At the police station, you’ll be asked to take a breathalyzer test. Refusing the BAC tests leads to harsher DUI penalties, as does blowing above a 0.15 BAC. However, you have the right to speak to an attorney before deciding whether to perform or refuse a test, and you should be informed of this right.
4. Post-booking procedure. After you’ve been booked, you may be kept in jail overnight or released the same day. You may be given paperwork at the time of release to give you instructions for your next steps, or you may receive notice of your court date by mail.

If you’re facing a DUI charge, consult an attorney promptly. You can even request to speak with a DUI attorney as soon as you are taken to the police station. The sooner you involve legal counsel, the better they’ll be able to guide you through the next steps of the process.

What Follows a DUI Arrest?

After a DUI arrest, you’ll go through a series of steps involving the court.

The exact process varies somewhat depending on the jurisdiction, but here’s a general idea of what to expect as the legal proceedings play out⁷:

1. Arraignment. At this stage, you’ll appear in court to hear the charges against you and enter your plea—guilty, not guilty, or no contest. It’s best to have an attorney’s advice before deciding about your plea. Finally, the judge will set conditions for your release. These may include bail, installation of an Ignition Interlock Device (IID), substance use counseling, prohibition of alcohol/drug use, learning Ignition Interlock violation penalties in Washington, etc.
2. Pretrial hearings. Your defense attorney will use these hearings to negotiate your charges. In some cases, they may be able to resolve your case at this stage with dismissal or a reduced charge.
3. License suspension. While the criminal case proceeds, the Department of Licensing moves forward with separate proceedings to suspend your driver’s license. This may or may not involve a hearing, depending on whether you requested one.
4. Evidentiary hearings and motions. At these hearings, the judge will hear arguments about the evidence that may or may not be presented at trial and decide what will be ruled admissible.
5. Trial. If your case cannot be resolved earlier, it will proceed to trial. This may be a jury trial, or a trial before a judge only. If you’re found not guilty, the DUI charges are dismissed. If you’re found guilty, the sentencing phase begins.
6. Sentencing. A guilty verdict means you’ll have a DUI conviction on your record permanently. The judge will set the terms of your sentence following the state’s sentencing guidelines.

Example: Minimum Penalties In Clark County for a First-Time DUI Conviction

If you have a clean driving record and there were no aggravating circumstances in your Washington DUI incident, the judge in your case may decide to impose penalties on the lighter end of the spectrum. However, there are some minimum DUI penalties the judge can’t waive.⁸

In Clark County and the rest of Washington State, the minimum penalties for a first-time DUI conviction depend on the results of your BAC test.

BAC below 0.15

If you blow less than a 0.15 on the breath test, or you are not given a test, you’ll face a minimum of:

• 24 hours in jail or 15 days of electronic home monitoring
• An additional day in jail if a minor under the age of 16 was in the car
• A minimum fine of $350 plus court fees
• 90-day suspension of your license
• Installation of an Ignition Interlock device for a period of 1 year

If your BAC was lower than 0.15, it may be possible to get your charge reduced from a DUI to reckless or negligent driving. This is an important distinction, because these charges can potentially be expunged (erased) from your record down the road. A DUI can never be expunged in Washington State.

BAC of 0.15 or Above

If you blow a 0.15 or above, or you refuse a test, the minimum penalties increase:

• 48 hours in jail or 30 days of house arrest
• An additional day in jail if a minor under the age of 16 was in the car
• A fine of $500 plus court fees
• License revoked for 1 year (2 years if BAC test was refused)
• Installation of an Ignition Interlock in Washington for a period of at least 1 year

Make IID Compliance a Breeze with Smart Start

If you’re charged with a DUI in Washington State, it’s very likely you’ll be required to have an Ignition Interlock Device (IID) installed in every vehicle you drive. But choosing a reputable, reliable IID company can make this process painless.

At Smart Start, we’ve helped over one million drivers get back on the road after a DUI, and we can help you too.

With same-day installation, straightforward pricing, and 24/7 customer support, we make driving with an IID simple. Dealing with a DUI is hard enough—let the experts at Smart Start guide you through the IID process with ease, so you can get back on the road and back to your life.

Sources: 

1. US Drug Test Centers. Worst states for DUIs. https://www.usdrugtestcenters.com/research-articles/14/worst-states-for-duis.html
2. King5. DUI crashes increasing in Washington, according to state patrol. https://www.king5.com/article/traffic/traffic-news/dui-crashes-increasing-washington/281-32af9e32-2c9f-401d-b4b7-8c79c779f043
3. Washington State Department of Licensing. Driving under the influence (DUI). https://www.dol.wa.gov/driver-licenses-and-permits/suspended-license/types-driver-license-suspensions/dui-driving-under-influence
4. HG Legal Resources. DUI suspended license hearing – Recent legal changes in Washington State. https://www.hg.org/legal-articles/dui-suspended-license-hearing-recent-legal-changes-in-washington-state-54950
5. Washington State Department of Licensing. Ignition Interlock Driver License (IIL). https://www.dol.wa.gov/driver-licenses-and-permits/suspended-license/types-driver-license-suspensions/restricted-driver-licenses/ignition-interlock-driver-license-iil
6. Burg and Lantz DUI Defense. Washington State DUI FAQ. https://www.duiwashington.com/washington-state-dui-faq
7. Wolff Defense. Washington state dui process. https://www.seattledui.com/wa-dui-process
8. Washington State Legislature. Alcohol and drug violators—Penalty schedule.https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.5055