Driving under the influence of marijuana presents significant dangers, and in New Mexico, it can result in serious legal consequences. While marijuana is legal for both medical and recreational use in New Mexico, it is crucial to understand that using marijuana and driving remains illegal. This article explores the risks of driving under the influence of marijuana, New Mexico’s DUI laws, and the potential consequences, including personal injury and legal penalties.

The Risks of Driving Under the Influence of Marijuana

Marijuana can impair cognitive function, slow reaction times, and reduce motor skills—all critical abilities required for safe driving. Many drivers wrongly assume that because marijuana is now legal in New Mexico, it is safe to use before getting behind the wheel. However, studies show that marijuana use can double the likelihood of a car accident, putting drivers, passengers, and others on the road at serious risk.

Marijuana’s impact on driving abilities can include:

  • Slowed Reaction Time: Marijuana affects the brain’s ability to process information quickly, making it harder to react in time to unexpected events, like a car stopping suddenly.
  • Impaired Judgment: Drivers under the influence of marijuana may struggle to make quick, safe decisions while driving, increasing the likelihood of mistakes that lead to accidents.
  • Decreased Coordination: Motor skills are essential for safe driving. Marijuana can impair coordination, making it difficult to steer, brake, or control a vehicle accurately.

Understanding New Mexico’s DUI Laws for Marijuana

New Mexico’s DUI (driving under the influence) laws are not limited to alcohol. The state also enforces strict regulations regarding marijuana use while driving. While the legal threshold for alcohol impairment is a blood alcohol concentration (BAC) of 0.08%, marijuana impairment is harder to measure. However, any amount of marijuana detected in a driver’s system, combined with signs of impairment, can result in a DUI charge.

Key points to understand about marijuana DUI laws in New Mexico:

  • Zero Tolerance for Impairment: Unlike alcohol, where there is a legal limit, any detectable amount of marijuana combined with observable signs of impairment can result in a DUI charge.
  • Field Sobriety Tests and Drug Recognition Experts (DREs): Officers in New Mexico may use field sobriety tests and DREs to assess whether a driver is impaired by marijuana. If the officer suspects impairment, a blood test may be administered.
  • Penalties for Marijuana DUIs: Penalties for a marijuana DUI in New Mexico can include fines, license suspension, mandatory drug treatment programs, and even jail time, especially for repeat offenders.

Marijuana and Car Accidents: Liability and Legal Consequences

If a driver causes a car accident while under the influence of marijuana, the legal consequences can be severe. In addition to facing criminal charges for a DUI, the driver may also be held civilly liable for injuries or damages caused in the accident.

Car accidents involving marijuana use can lead to:

  • Increased Insurance Claims: Drivers under the influence of marijuana may be deemed at fault for accidents, leading to increased insurance claims and higher premiums.
  • Personal Injury Claims: If someone is injured in an accident caused by a driver under the influence of marijuana, the victim may file a personal injury claim to seek compensation for medical bills, lost wages, and other damages.
  • Potential for Wrongful Death Lawsuits: In tragic cases where a marijuana-related accident results in death, the responsible driver may face a wrongful death lawsuit filed by the victim’s family.

Practical Tips for Avoiding Marijuana DUIs in New Mexico

To avoid the legal and personal risks associated with marijuana DUIs, drivers should take several practical steps:

  • Never Drive While Impaired: If you have used marijuana in any form—smoking, edibles, or oils—wait until the effects have completely worn off before driving. The effects of marijuana can last for several hours, so give yourself plenty of time to sober up.
  • Designate a Sober Driver: If you plan to use marijuana, arrange for a sober driver or use a rideshare service like Uber or Lyft to get home safely.
  • Know Your Limits: Even small amounts of marijuana can impair your driving ability. If you feel the effects of marijuana, do not attempt to drive.
  • Keep Up With Changing Laws: As marijuana laws evolve, it is important to stay informed about the latest regulations regarding impaired driving in New Mexico.

Legal Insights: What to Do After a Marijuana-Related Accident

If you or a loved one has been involved in a car accident caused by a driver under the influence of marijuana, it’s essential to take immediate steps to protect your legal rights. Here are a few key steps to follow:

  1. Seek Medical Attention: The first priority after any car accident is to seek medical care, even if you do not feel seriously injured. Some injuries may not be immediately apparent.
  2. Document the Scene: If possible, take photos of the accident scene, gather contact information from witnesses, and obtain the other driver’s insurance details.
  3. Report the Accident: Contact law enforcement to report the accident, especially if the other driver is impaired. The police report can be a crucial piece of evidence in both criminal and civil cases.
  4. Contact a Personal Injury Attorney: If you’ve been injured in a car accident involving a marijuana-impaired driver, you may be entitled to compensation. A personal injury attorney can help you navigate the legal process and fight for your rights.

Call Genus Law Group for Legal Help After a Marijuana-Related Accident

The dangers of driving under the influence of marijuana are real and can lead to serious accidents, injuries, and legal consequences. Understanding New Mexico’s DUI laws and taking steps to prevent impaired driving are critical for your safety and the safety of others on the road. If you’ve been injured by a driver under the influence of marijuana, Genus Law Group is here to provide the legal support you need. Call us today at 505-317-4455 for a consultation and let us fight for your rights.

Our experienced personal injury attorneys can guide you through the legal process, help you pursue compensation, and hold negligent drivers accountable. Don’t wait—call Genus Law Group today at 505-317-4455 to schedule a consultation and discuss your case.

Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond