Can You Get a DUI from Marijuana in Boise Even If You're Not High?

Driving under the influence (DUI) isn't limited to alcohol. In Boise—and throughout Idaho—it also covers drugs, including marijuana. Many Idaho residents mistakenly believe that marijuana-related DUI charges only apply when they feel noticeably impaired or "high." However, the reality of Idaho's laws is different, and the implications can be severe—even if you're not actively feeling the effects.

This post will explain how Idaho defines a marijuana-related DUI, how the state tests for impairment, what penalties you may face, and why it's possible to receive a DUI even if you aren't actively high.

Understanding Idaho's Marijuana DUI Law

Idaho law regarding driving under the influence isn't restricted solely to alcohol consumption. It explicitly includes impairments caused by any drug, legal or illegal, prescription or recreational. Marijuana is classified as a Schedule I controlled substance under Idaho law, meaning possession and use are strictly prohibited and heavily penalized. Even trace amounts of marijuana can result in significant legal trouble.

Unlike some states, Idaho does not have a set legal threshold for marijuana intoxication, like blood-alcohol concentration levels for alcohol (.08%). Instead, Idaho operates under a zero-tolerance policy for marijuana. This means that any detectable amount of THC—the psychoactive component of cannabis—in your system can result in DUI charges, regardless of actual impairment.

Why Can You Get Charged if You're Not Actively "High"?

THC (tetrahydrocannabinol) remains detectable in your bloodstream and urine for some time after the intoxicating effects wear off. Unlike alcohol, which typically clears your system in hours, THC metabolites can linger for days or even weeks, especially for regular users. If a traffic stop leads an officer to suspect marijuana impairment, even trace amounts of THC in your body could lead to charges. Now, you cannot get a DUI if you only have the metabolites, or Carboxy-THC, in your system since State v. Stark was decided in 2013. But, if you have even a trace of active THC left in your bloodstream, you are in danger of getting a DUI charge.

This legal approach significantly impacts individuals who may have legally consumed marijuana in another state or who mistakenly believe they're no longer under its influence. Because Idaho has no medical or recreational marijuana allowances, your defense options narrow considerably once active THC is detected.

How Does Idaho Test for Marijuana Impairment?

If you are stopped in Boise and suspected of driving under the influence of marijuana, the officer will likely perform several evaluations:

1. Field Sobriety Tests (FSTs)
   Similar to alcohol-related DUIs, field sobriety tests are typically administered. These include the walk-and-turn test, one-leg stand, and the horizontal gaze nystagmus (eye-tracking) test. Performance on these tests can suggest impairment but is not foolproof evidence of marijuana use.

2. Drug Recognition Experts (DRE)
   Idaho police departments sometimes use Drug Recognition Experts—officers trained to identify drug impairment specifically. A DRE will look for indicators such as red eyes, delayed responses, or altered speech patterns.

3. Chemical Testing (Blood or Urine)
   The decisive factor usually comes from chemical tests. Idaho employs blood or urine testing to detect THC or its metabolites. If active THC is detected, even at very low levels, Idaho prosecutors have grounds to pursue charges.

Penalties for Marijuana DUI in Boise, Idaho

Penalties for DUI involving marijuana align closely with those involving alcohol. Consequences escalate with repeated offenses. Here are what we generally see:

• First-time DUI (Marijuana):

  • License suspension of up to 180 days

  • Fines up to $1,000

  • Potential jail time up to 6 months

  • Mandatory drug education and counseling programs

  • Probation, community service, or other discretionary penalties

• Second DUI Offense (within 10 years):

  • License suspension of at least one year

  • Jail sentence ranging from 10 days to one year

  • Increased fines and mandatory drug counseling

• Third DUI (Felony Level, within 10 years):

  • Felony charges with potential prison sentences

  • Extended license revocation

  • Heavy fines and probationary oversight

Additionally, the stigma and collateral consequences of a DUI conviction involving marijuana can affect employment opportunities, housing, student aid eligibility, and professional licensure.

Marijuana and Out-of-State Visitors to Boise

Visitors to Boise who come from states where marijuana is legal—such as Oregon, Washington, or Nevada—can face harsh consequences. Idaho law applies strictly, regardless of legality elsewhere. Tourists and non-residents should recognize that even recreational use days prior to visiting Idaho could potentially result in DUI charges if active THC remains detectable.

Common Defenses in Marijuana DUI Cases

Defending a marijuana DUI charge can be complex, primarily because THC detection does not equate directly to impairment. However, common strategies often involve:

• Challenging the validity of the initial stop or arrest

• Contesting the administration and interpretation of sobriety tests

• Questioning the accuracy and handling of chemical tests

• Arguing absence of actual impairment despite active THC presence

Because THC can stay in the body after impairment ceases, successful defenses often hinge on establishing reasonable doubt about actual driving impairment.

Final Thoughts: Stay Informed and Cautious

In Boise, Idaho, you can indeed be charged with a DUI from marijuana even if you're not actively high. Idaho's strict laws mean any detectable active THC can have serious legal repercussions. Understanding these legal risks is crucial, particularly for those who might travel to Idaho after legally consuming marijuana elsewhere.

Knowledge about Idaho's DUI laws related to marijuana can help you avoid unintended legal issues and underscores the importance of caution and informed decision-making on the road. If you're dealing with these charges and need help, feel free to call or schedule a free consultation.