Many drivers wonder if it’s illegal to drive while stoned in California. In short, yes, California considers it illegal to drive under the influence of marijuana. The court treats this act almost identically to drunk driving and all other forms of driving under the influence.
A Los Angeles DUI lawyer can help if you face charges for driving under the influence of drugs. You can reach out to us to learn more about charges involving cannabis products and the potential results of a conviction. Call or fill out our online contact form to get answers.
Can You Face Charges for Driving After Using a Marijuana Product?
You can face criminal charges under CA Vehicle Code 23152 for offenses involving alcohol and drugs, including driving while under the influence of any marijuana product. These laws apply to the use of recreational marijuana and medical cannabis.
You cannot legally operate a motor vehicle under the influence of drugs, so you may face charges if you smoke marijuana, consume edibles, or use concentrated cannabis.
Why Is it Illegal to Drive While Stoned in California?
California considers driving while stoned illegal because driving under the influence of cannabis makes you more dangerous to others. The Centers for Disease Control and Prevention (CDC) states that marijuana usage can slow your reaction time, impair coordination, and distort perception.
Medical studies show that cannabis impacts the parts of the brain that control judgment, movement, memory, and balance. The agency reports that marijuana is the second most common substance associated with the impairment of drivers following alcohol.
In fact, studies show a link between the usage of marijuana products and collisions. Therefore, California considers it illegal to drive while stoned because the state prohibits you from driving while influenced by any substance that impacts your brain, nervous system, or body.
Isn’t Marijuana Usage Legal in California?
California recently legalized the possession of marijuana and the usage of cannabis products for many people.
However, loosened marijuana laws do not mean you can operate a vehicle while high. The state allows people over 21 to drink, but driving under the influence of alcohol is also illegal.
What Happens if You Drive Under the Influence of Drugs?
You can face penalties for a marijuana DUI in California. These penalties punish drivers for operating a vehicle while high. The penalties vary based on how many past DUI charges you have on your record. After a first DUI, you may face:
- Up to six months of jail time
- Three months of mandatory classes
- A four-month license suspension
- Fines
A second conviction can result in:
- Up to one year of jail time
- Up to 30 months of mandatory classes
- A license suspension of up to two years
- Higher fines
Drivers convicted of a third marijuana DUI may face a license suspension for up to three years, along with jail time and costly fines.
California typically prosecutes drugged driving as a misdemeanor but may proceed with felony charges if a driver has enough past DUIs on their record, caused severe injuries, or caused a fatal accident due to drug-impaired driving.
How Do the Police Determine if You’re Under the Influence of Marijuana?
Law enforcement officers may pull over drivers they believe are impaired. Typically, they look for drivers who disobey traffic laws or engage in reckless driving. After stopping a driver, they may check for signs of impairment by alcohol or drugs.
Officers may ask you to perform field sobriety tests, like walking in a straight line. You may have to take a test to measure your blood alcohol concentration if they believe you drank alcohol before operating your vehicle.
The police force does not have tests that easily check for the presence of marijuana in your system on the road. However, if they find a container of cannabis or other evidence of marijuana usage, they may assume you drove under the influence and arrest you on these charges.
Do the Police Test for Marijuana After an Arrest?
After an arrest, the police may perform a blood or urine test to check for cannabis in your system. Marijuana can remain in your system for a significant amount of time, so it may appear even if you waited to drive until you were completely sober.
Can You Beat Charges for Driving Stoned?
It’s illegal to drive while stoned in California. A lawyer can help you deal with charges for this criminal offense, build a defense, and represent you in court. A criminal defense attorney may focus on getting your marijuana-impaired driving charges reduced or dismissed.
An attorney may argue that the police stopped you without cause or that the prosecution lacks evidence to show you committed any traffic violations. You can contact a law firm to learn more about your legal options.
Learn More About Laws on Driving While Stoned
Is it illegal to drive while stoned in California? Yes, you can face severe legal consequences for driving under the influence of any cannabis products.
You can learn more about charges for drug-impaired driving and California’s laws on cannabis when you call or complete our online contact form.
