The legalization of marijuana by some states has started a national debate about driving under the influence of marijuana. Kansas doesn’t have a separate law regarding driving under the influence of marijuana, as opposed to driving under the influence of alcohol. The current DUI law prohibits driving under the influence of alcohol or drugs or any combination of the two.
The Kansas DUI law applies when a person operating or attempting to operate a vehicle is under the influence of drugs (marijuana, cocaine or prescription drugs like xanax, hydrocodone etc.) and/or alcohol to a degree that renders the person incapable of safely driving a vehicle or when the alcohol concentration in the person’s blood or breath is .08 or more. The law does not define an amount of marijuana (or any other drug) that would impair a person to the point that he or she could not safely operate a vehicle, and Kansas currently does not test for such drugs.
Because driver’s license suspensions are imposed based on blood alcohol content, the DMV cannot suspend your license for a conviction based on driving under the influence of drugs the way it can suspend your license for a conviction based on alcohol.
No matter what your charge is, contact one of our experienced criminal defense DUI attorneys in Wichita, Kansas City, Overland Park, Topeka or Lawrence.