Can I Get a DUI for Marijuana in North Carolina if I Wasn’t “High”?

By Doug Edwards

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DUI/DWI Defense

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Last Modified on Oct 18, 2025

Living in a college town like Asheville, North Carolina, it’s important for you to know the driving laws of the state to protect yourself. In the state, all marijuana is considered illegal. If you’re a driver, you might be asking, “Can I get a DUI in North Carolina if I wasn’t ‘high’?”

The short answer is yes, you can get charged with a DUI even if you weren’t “high.” The reason for this is that while the minimum threshold for Blood Alcohol Content (BAC) is 0.08, there is no minimum for marijuana usage.

A DUI stop relies on an officer’s judgment, which can be very subjective. Luckily, that also means that if you have an experienced Asheville DUI lawyer, it can be tougher for the prosecution to prove that you’re impaired.

What if I Only Have Marijuana in My Car?

It is unlawful to possess any amount of marijuana on your person in North Carolina. If you’re stopped and found to have a half ounce or less, you can incur a fine of up to $200, but no jail time. However, if you’re found to have more than that, you can be charged with either a misdemeanor or a felony DUI, depending on the amount.

Despite this, marijuana remains the most used illicit drug by both youths and adults. Because there isn’t a reliable field test for marijuana usage, possession of marijuana alone while driving may imply that you have used it and are driving under the influence. You’ll be giving the prosecution evidence to use against you in the case.

Proof of Marijuana Usage

Since there isn’t a field test for marijuana, an officer can decide you’re under the influence of marijuana if you:

• Have red eyes
• Fail a field sobriety test
• Seem confused
• Smell like marijuana
• Are moving with decreased reaction time
• Are driving erratically

Refusing a Chemical Analysis Test

If you refuse a chemical analysis test, your license will be automatically revoked for one year, and may be revoked for longer, depending on the circumstances. Your refusal may be used as evidence against you in a court of law, and an officer may still gain a warrant for a forced blood draw in certain cases.

You may, however, refuse a field sobriety test, which is subjective. Even a chemical analysis test can be challenged in court, as marijuana usage stays in the system longer than the effects do.

Hire a DUI Lawyer

If you’ve been charged with a DUI for marijuana use, you need to hire a DUI lawyer with experience. Because North Carolina’s DUI laws are so intricate, you need someone who is skilled in navigating the Buncombe County court system.

At Edwards Law, PLLC, we know the right questions to ask about your case, and we know how to support you in a court of law. Doug Edwards worked in the Asheville, NC, court system as a prosecutor for over ten years, so he knows the system, and he knows what prosecutors will be looking for. We will help you understand the terms of your case and will help you develop a legal strategy to address your individual situation.

Contact us today to discuss your case and see if you have a viable defense.