Marijuana is recreationally legal in California, but there are still laws against operating a motor vehicle while under the influence of cannabis. Even if you have a medical prescription, you can still get in trouble if you are pulled over for driving on marijuana.
A Buena Park DUI lawyer can protect you from legal issues if you have been pulled over for driving high. A DUI conviction can have disastrous consequences on your professional and personal life, so you need an attorney who will use every strategy to defend your freedoms and privileges.
Los Angeles DUI Lawyer can connect you with a Buena Park marijuana DUI lawyer near you. Fill out our contact form or call us by phone today.
Marijuana DUI Definition in California
California’s DUI laws don’t only apply to alcohol; they also apply to drugs. California VC 23152 makes it illegal to drive while under the influence of any drug, including marijuana.
Unlike alcohol, California’s marijuana DUI laws don’t have a set limit that defines intoxication. You can get in trouble for driving with any amount of cannabis in your system. It doesn’t matter the method of ingestion—e.g., smoking, vaping, edibles, etc.
How Do Police Determine Marijuana Intoxication?
Police can’t run breathalyzer tests to test for marijuana use, so they rely on other observational evidence to determine intoxication. Relevant observations might include:
- Driving behavior. Erratic driving behaviors like speeding, suddenly slowing down, or changing lanes without signaling can be signs of driving while high.
- Field sobriety tests. Police may ask drivers to complete a series of motor tasks, like walking on a straight line, to detect drug intoxication.
- Physical indicators. Red eyes, odor, difficulty concentrating, and slow speech are classic physical indicators of consuming marijuana.
- Signs of marijuana possession/use. Things like joint ash, visible smoke, and smoking paraphernalia can all support a judgment of marijuana intoxication.
If the police arrest a driver for suspicion of driving while high, they may require the driver to take a chemical blood test to determine THC levels. The results of the test can serve as evidence to support a marijuana DUI conviction.
Penalties for Marijuana DUI in Buena Park
No matter what kind of substance you are intoxicated with—e.g., alcohol, cannabis, etc.—the penalties for a DUI are the same. A first-time offense for a marijuana DUI is a misdemeanor carrying up to six months in prison, a maximum fine of $1,000, and a six-month license suspension.
Second, third, and fourth offenses carry higher penalties subsequently, up to a maximum of three years in prison, and a license suspension of four years or longer. You may also be required to take a mandatory DUI program and drug rehabilitation for any marijuana DUI conviction.
In addition to criminal and administrative penalties, a marijuana DUI conviction can impact employment opportunities. For instance, you may be ineligible for positions that involve driving in the job description. A Buena Park marijuana DUI lawyer can help mitigate consequences by negotiating with the prosecution or arguing for an acquittal in trial.
Is It Illegal to Have Marijuana in My Car?
California VC 23222(b) makes it illegal to transport marijuana in an open container in your vehicle. In other words, you can have marijuana or cannabis products in your car as long as they’re in a sealed container and not out in the open.
The law doesn’t define exactly what kind of receptacle is appropriate for carrying cannabis, but it does state that it must be sealed and closed. This would include common containers like sealed plastic bags, jars, and other containers with a lid.
Even though it’s illegal to drive with marijuana out in the open in your vehicle, the enforcement of the law is usually up to the officer’s discretion, so you may not be charged.
Defenses Against Marijuana DUI Charges
There are several DUI strategies an attorney could use to defend you against charges of driving while under the influence of marijuana:
- Question test results. One strategy is to argue against the reliability of any field sobriety test or chemical test. These tests may not be a good indicator of intoxication while driving.
- You weren’t driving. Similar to alcohol DUI cases, your attorney could argue that you weren’t sufficiently in control of the vehicle to count as driving.
- Constitutional violations. If the police violated your rights when they pulled you over or searched your vehicle, your lawyer could get the evidence thrown out of court.
One major advantage in marijuana DUI cases over alcohol DUI cases is that it’s much harder for the prosecution to prove you were under the influence. This difference gives your defense attorney more room to maneuver when casting doubt on the prosecution’s argument.
Contact a Marijuana DUI Lawyer in Buena Park
A marijuana DUI conviction might not sound serious, but it can have drastic consequences for your freedoms and reputation. A Buena Park marijuana DUI lawyer can play defense on your side and preserve your liberties and privileges to the greatest possible extent.
Los Angeles DUI Lawyer can put you in touch with a knowledgeable and experienced criminal defense lawyer. Contact us today online or by phone to get started.
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