Charged with drug DUI?
These cases run on shaky science.
You can be charged with DUI in North Dakota for driving under the influence of marijuana, a prescription, or any substance — with no breath number at all. The state relies on officer opinion and blood tests that don’t measure impairment. That’s the weakness, and it’s where the defense lives.
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What the law says
North Dakota’s DUI statute covers driving while under the influence of alcohol, any drug or substance, or a combination, to a degree that renders you incapable of safely driving. There is no legal “per se” number for THC or most drugs the way there is for alcohol. The penalties are the same as an alcohol DUI at the same offense level.
Why drug DUI cases are harder for the state
- Presence isn’t impairment. THC metabolites can be detected days after use. A blood test showing marijuana says nothing about whether you were impaired at the wheel.
- “Drug Recognition Expert” opinions. The DRE protocol is a 12-step checklist administered by a police officer, not a medical evaluation. Its scientific validity is contested, and the officer’s training and adherence to the protocol are fair game.
- Field sobriety tests were designed for alcohol. Their correlation with drug impairment is weak.
- Blood draws require a warrant or consent and a proper chain of custody. Lab methods, cutoff levels, and confirmation testing can all be challenged.
Marijuana specifically
With medical marijuana legal in North Dakota and recreational marijuana legal next door, marijuana DUI arrests have climbed. A medical card doesn’t protect you from a DUI charge, but it does mean a blood result alone proves almost nothing about impairment. These cases very often come down to what’s on the dash-cam and body-cam video.
Prescription and combination cases
Sleep aids, anxiety medication, pain medication, and even some allergy medications show up in these cases, often combined with a small amount of alcohol that alone would be under the limit. The pharmacology matters: dose, timing, tolerance, and interaction effects are the kind of thing that requires an expert, and we bring one in when it counts.
Talk to a North Dakota DUI lawyer now. It’s free.
☎ 701-365-8088Common questions
I have a medical marijuana card. Can I still be charged?
Yes. The card makes possession legal; it doesn’t permit impaired driving. But it also means the state can’t rely on the mere presence of THC to prove you were impaired.
There was no breath test. How can they charge me?
Drug DUI doesn’t require one. The state will rely on the officer’s observations, field sobriety tests, a DRE evaluation if one was done, and a blood test. Each of those can be challenged.
Is the license suspension the same?
The DOT process and the 10-day hearing deadline apply. Because there’s often no .08 result, the administrative case can be stronger for the driver than in an alcohol case.
Charged with DUI in North Dakota? Call now.
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Attorney advertising. Prior results do not guarantee a similar outcome. Penalty figures reflect North Dakota mandatory minimums published by the NDDOT and are subject to change; courts can impose more. This page is general information, not legal advice for your situation, and contacting us does not create an attorney–client relationship until we agree to represent you.