Marijuana has been legal in California since 2016, but it’s still illegal to drive under its influence. DUI laws don’t differentiate between recreational or medical marijuana when it comes to driving.
Having a prescription for marijuana doesn’t protect you from being charged with a DUI if you’re caught driving while impaired. A marijuana DUI lawyer in Anaheim can review your options.
Marijuana laws are complicated and constantly changing, but you don’t have to navigate them alone. Contact Los Angeles DUI Lawyers for the help you need. We will connect you with a trusted Anaheim DUI lawyer.
The Benefits of Working with a Local Anaheim Marijuana DUI Attorney
An Anaheim marijuana DUI attorney understands the specific laws, court systems, and procedures in your area, giving you an advantage when building a defense. They often have relationships with judges and prosecutors, which can help negotiate reduced penalties or alternative sentencing.
A local lawyer is also familiar with the nuances of California’s marijuana laws and how they apply to DUI cases. Hiring a local attorney will improve your chances of a more favorable outcome.
How does California Law Define Marijuana DUI Offenses?
In California, a marijuana DUI offense is defined as driving a vehicle while under the influence of marijuana to the extent that it impairs your ability to drive safely. California law does not differentiate between recreational and medical marijuana use in DUI cases; driving while impaired by either is illegal.
Unlike alcohol DUIs, there is no legal threshold for the amount of THC (the active ingredient in marijuana) in your system. Instead, law enforcement relies on observations of impaired behavior, field sobriety tests, and sometimes blood or urine tests to determine if you are under the influence.
How is the Level of Impairment Determined
Determining impairment in marijuana DUI cases is more challenging because marijuana affects the body differently than alcohol. The testing methods designed for alcohol, such as breathalyzer tests, aren’t as effective or reliable for detecting marijuana impairment, making it harder to measure a person’s level of intoxication.
A police officer can determine if you are driving while under the influence of marijuana based on factors like:
- Driving behavior: Actions such as speeding, swerving, driving unusually slow, or displaying erratic behavior behind the wheel are often used as evidence of impairment.
- Recent marijuana use: Using marijuana shortly before driving or while in the vehicle can indicate impairment. Evidence may include visible smoke, a strong odor of marijuana, or possession of the substance in the car.
- Your statements: Any admission of recent marijuana use or comments about being high can be used against you. Statements made by others at the scene may also be considered.
- Appearance and behavior: Signs of impairment, such as red or bloodshot eyes, trouble answering questions, difficulty concentrating, or other physical indicators, can suggest impairment.
- Field sobriety tests (FSTs): Tests such as walking in a straight line, balancing on one leg, or following instructions are designed to assess physical coordination and mental focus. Marijuana use can affect performance on these tests, which may be cited as evidence of impairment.
If a police officer has reasonable suspicion that you are under the influence of drugs, they may require you to take a blood or urine test to determine whether drugs are in your system.
Penalties for Marijuana DUI in California
The consequences for driving under the influence are consistent across all cases, regardless of whether the substance involved is alcohol, marijuana, or another drug. California law does not differentiate between the type of substance when it comes to DUI penalties.
The DUI penalties in California are:
Offense |
Jail Time |
Fines |
License Suspension |
Additional Penalties |
First Offense |
96 hours to six months |
$390 to $1,000 |
six months |
completion of a DUI education program |
Second Offense |
90 days to one year |
$390 to $1,000 |
two years |
completion of a DUI program |
Third Offense |
120 days to one year |
$390 to $1,000 |
three years |
completion of a DUI program and IID required in the vehicle |
Fourth Offense |
16 months to two-three years (prison) |
$390 to $1,000 |
four years (no restricted license) |
Completion of a long-term DUI program and IID required |
How a Marijuana DUI Attorney Can Help You
Facing a marijuana DUI can be confusing, and you may not know what to do next. Start by talking to an attorney. They will tell you everything you need to know about your case so you can make confident decisions.
Here is what a marijuana DUI defense lawyer can do for you:
- Evaluate plea deals to make sure they benefit you
- Collect crucial evidence for your case
- Seek further testing of your blood or urine samples
- Advocate for your rights
- Challenge any inaccuracies in testing
- Represent you in legal proceedings
- Consult with experts or witnesses who can back your narrative
Talk to a Marijuana DUI Lawyer in Anaheim Today
We can link you to Anaheim marijuana DUI lawyers who can assist you immediately after your arrest. Get strong legal help as soon as possible. Delaying can lead to the loss of key evidence, which could harm your case.
Time is crucial, and without timely action, the legal system may not work in your favor. Call Los Angeles DUI Lawyer and share your experience.