You can’t smoke in your parked car in California in most situations. Although residents of California can legally use marijuana after recent changes to the state’s laws, there are still restrictions that prevent you from smoking in certain areas.
Additionally, it’s still illegal to operate a vehicle after using marijuana products. If you’ve been arrested for smoking in your car or driving while under the influence of marijuana, you’ll want to speak with a skilled Los Angeles DUI lawyer. A lawyer can build a defense case on your behalf and protect you from a damaging conviction.
When You Can and Can’t Smoke in a Parked Car in California
If you’ve heard about the recent legalization of marijuana, you may be asking yourself, “Can I smoke weed in my car in California?” The answer to this question depends on several different factors, including your location.
In many cases, you cannot legally smoke marijuana in a parked car. Under California Health and Safety Code Section (HSC) § 11362.2, you can only smoke marijuana in a limited number of private and public spaces. You may not smoke marijuana if:
- You are within 1,000 feet of a school, daycare, or youth center if there are children present
- You are in a public place that has not issued an exception for an event or other reason
- You are in a location with a ban on tobacco products
The law does allow some exceptions to these rules. For example, if you are on the grounds of a private residence and no one can detect your smoking, you can smoke within 1,000 feet of a school while children are present.
As long as you’re within these limits, you probably won’t get charged with violating HSC 11362. A criminal defense attorney can help you learn more about California’s laws on using marijuana in public. A lawyer can also protect you from unwanted outcomes if you’ve been charged with a marijuana-related offense.
Smoking in a Parked Car in California Can Result in a DUI
Even if you are in an area where you can smoke weed in your car in California, you might want to avoid doing so. That’s because smoking in a parked car can lead to a DUI charge.
While you can smoke or consume marijuana recreationally, California law does not allow you to drive if you have smoked or consumed it recently enough to be impaired. If you drive while impaired after smoking or consuming marijuana, you can be charged with a DUI as if you had been driving with alcohol in your system.
Since the police can’t detect impairment from marijuana as readily as impairment from alcohol with a breathalyzer, officers are on the lookout for other signs a motorist has been driving while impaired by marijuana. One sign an officer may look for is an individual smoking in a car, even if it is parked.
Can the Police Arrest You for Smoking in Your Car?
The police do not need to see you driving to arrest you for a DUI, and simply being in a car that is on or has been on recently while smoking may be grounds for an officer to arrest you for driving under the influence of marijuana.
The penalties for a marijuana DUI in California can include fines, incarceration, and a driver’s license suspension. In addition to the DUI charge, you can also get charged with transporting an open container for having marijuana available to smoke in your vehicle.
These charges are serious and can result in penalties that impact your career, finances, and life in general. If you’ve been charged with DUI or another marijuana-related offense, reach out to an attorney today. A lawyer can combat your charges and offer more information on smoking in a parked car in California.
You Can Fight Back Against Charges of Smoking in a Parked Car
If you want to smoke in your parked car, you can take several steps to reduce the likelihood of facing criminal penalties, including a possible conviction for a DUI. You can take the following steps to protect yourself from criminal charges:
- Verify that you have permission to smoke in the private location where the vehicle is parked
- Avoid smoking in a recently driven car
- Don’t smoke in the driver’s seat
If an officer approaches your vehicle while you are smoking, remain calm and polite. You do not have to consent to perform a field sobriety test and are not required to agree to a chemical test before being arrested. You are entitled to have an attorney present for any questioning beyond answering some basic questions, including identifying yourself and the vehicle owner.
If you are arrested and charged for smoking in a parked car in California, don’t panic. Instead, get in touch with a DUI attorney ASAP. A lawyer can advise you on your rights, build a robust defense strategy, and represent you in court.
A DUI Lawyer Can Help You Fight Back
While the penalties for a DUI conviction can be severe, a skilled DUI lawyer can help you avoid the worst outcomes. The prosecution must be able to prove beyond a reasonable doubt to a jury that you were driving while impaired.
Therefore, any evidence you can provide to help suggest you weren’t driving can help have the charges dismissed. A lawyer can investigate your case and gather the evidence and information they need to fight your charges.
Here’s what your lawyer can do to protect you from a serious conviction:
- Gather and analyze police reports, blood test results, dashboard camera footage, witness testimony, and other important pieces of evidence
- Use evidence to construct a strong DUI defense strategy
- Represent you during DMV hearings and court dates
- Negotiate a plea deal with prosecutors
- Fight to have your charges dropped completely
- Offer sound legal advice throughout your case
Is It Expensive to Hire a Marijuana DUI Lawyer?
The cost of hiring a lawyer depends on your case. While hiring a lawyer can be expensive in certain circumstances, you shouldn’t view it as an expense. The overall cost of facing a DUI charge in California can be staggering, especially if this is your second or third offense.
Instead of facing those penalties, you can hire a lawyer who can reduce their impact. You shouldn’t overlook all the benefits that securing solid legal representation offers, as a strong defense case can help you avoid a world of trouble and expensive fines.
While you can fight against a marijuana DUI on your own, if you don’t have a lot of legal experience, this may end up causing more harm than good. It’s best to play it safe and entrust your case to an experienced criminal defense attorney. Reach out to a lawyer today to schedule a free consultation and get started on your case.
Learn More About Smoking in a Parked Car in California
Now that you know where you can and can’t smoke in a parked car in California, it’s time to get the legal representation you need to avoid serious consequences, such as fines and license suspension. We can connect you with the resources and representation you need to build a strong case.
Contact us today to schedule a free consultation and learn more about smoking weed in a car in California. We’ll provide the information you need to understand how state law applies to your situation and how to protect yourself from life-altering consequences.
