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Can You Get an OUI for Operating a Vehicle While High on Marijuana?

Yes. It is definitely possible to get an OUI for operating a vehicle while high on marijuana. While Massachusetts has decriminalized marijuana slightly in the past few years for first-time offenders carrying a small amount of marijuana on them, driving while under the influence of a controlled substance is still illegal. The state will charge you with an OUI, which carries similar penalties as a DUI. If you were arrested on charges of operating a vehicle while under the influence of an illegal substance, you need to contact the Flanagan & Associates. Time is of the essence, and the sooner you have a skilled Quincy criminal defense lawyer on your team, the better chances you could have a favorable outcome.

Driving Under the Influence of Marijuana

Testing for marijuana can be a bit different from testing for your BAC. There is no set legal limit to determine if a person is inebriated or not, so officers are forced to rely on field sobriety tests, blood and urine tests, and drug recognition experts. Because field sobriety tests were designed to detect impairment by alcohol and not drugs, our Quincy criminal defense attorney cautions clients against consenting to a field sobriety test. In the state of Massachusetts, you are under no legal obligation to take a field sobriety test and should you fail a field sobriety tests, it can be used against you as evidence of your impairment. Additionally, blood and urine tests for marijuana are not always accurate when determining if you were currently under the influence at the time of driving as the THC can stay in your system for weeks at a time.


While the penalties vary depending on the offense number and whether or not the substance was found in your car, we have outlined the basic penalties should an individual be charged with operating a vehicle under the influence in Quincy.

First Conviction

  • Fines between $500 - $1,000
  • Up to 30 Months of House Arrest
  • Judge May Require Drug & Alcohol Treatment Program
  • 45 to 90 days of license suspension

Second Conviction

  • Fines between $600 - $10,000
  • 30 Days Jail Time, Up to 30 Months in Prison
  • 2 Years License Suspension
  • May Require Drug & Alcohol Treatment Program

Third Conviction

  • Fines between $1,000 and $15,000
  • Mandatory Min of 150 in Jail. Up to 3 Years in Prison
  • Up to 8 Years License Suspension

Fourth Conviction

  • Fines between $1,5000 - $25,000
  • Mandatory minimum 1 Year Prison Sentence. Judge Can Penalize Up to 5 Years
  • License Suspension 10 Years

Fifth and Subsequent Convictions

  • Fines between $2,000 - $50,000
  • Mandatory 24 Month (up to 5 years) in Prison
  • Lifetime License Suspension

Get A Lawyer

If you have been charged with driving while under the influence of marijuana, you should not take these charges lightly. Contact our experienced Quincy criminal defense attorney today for a free consultation. With years of experience handling criminal defense cases, you can rest assured knowing you have hired a legal advocate who can fight for your rights.

Call Flanagan & Associates today.