California has strict laws and regulations governing the use of marijuana by drivers. Anyone who drives under the influence of drugs breaks the law and may face dire consequences if found guilty in California. So, what is the legal limit for driving high in California?
California does not acknowledge an acceptable or safe level of marijuana usage for drivers. You can face a charge for driving under the influence (DUI) if the police suspect you of drugged driving after using any amount of cannabis.
You can learn more about these charges and their effects with a Los Angeles DUI lawyer. Find out more by calling or completing our online contact form.
Can You Drive While High in California?
While some people believe that they can drive safely after using marijuana, California prohibits driving high. The state uses CA Vehicle Code 23152 (e) to prosecute this action.
Anyone convicted of driving under the influence can face hefty penalties, fines, or imprisonment. If you violate the law, it can be challenging to handle the case if you do not have adequate legal skills.
An attorney can advise you on the best course of action and help you handle your case. You can ask the attorney any questions concerning your DUI issues to help you understand the law and know what to do.
Does California Have a Legal Limit for Driving High?
The current laws in California do not give a specific definition of marijuana impairment. Marijuana DUIs differ from alcohol DUIs since there is no accurate roadside test that can detect marijuana levels in the body’s system.
The tetrahydrocannabinol ingredient in marijuana does not correspond with impairment as alcohol does. This substance reacts differently to different people and can stay in the body for several days after consumption.
While there is no limit to defining marijuana impairment, the California Driver’s Handbook states that it is illegal for anyone to drive when under the influence of alcohol or drugs.
How Do California Police Detect a High Driver?
Police use physical tests, erratic driving, field sobriety test results, and physical symptoms to look for drivers impaired by marijuana.
Erratic Driving
Erratic driving is the main reason police suspect that you’re driving under the influence of marijuana. A police officer can pull you over if they see you smoking a marijuana cigarette. It is easy to detect because drivers cannot legally consume marijuana in a moving car.
Physical Symptoms
Police officers can also suspect that you are high if you have red, watery eyes and dilated pupils. At this point, you should be ready for a series of field sobriety tests for marijuana. If you refuse to take the test, you may face additional penalties like an extended suspension of your driver’s license.
Physical Tests
A drug recognition expert will run a 12-step test similar to alcohol tests to determine if you’re impaired. If they detect impairment, you may need to take a blood, urine, breath, or saliva test.
Remember, California has no threshold for acceptable marijuana impairment, so any trace of cannabis could result in criminal charges.
What Are the Defenses for Marijuana DUI Charges?
Defenses for Marijuana DUI charges in California often involve establishing that you were not operating a vehicle while impaired by cannabis.
For example, a criminal defense lawyer may argue that you were a passenger in the vehicle or that you used marijuana long before driving and experienced no impairment behind the wheel of your motor vehicle.
California legalized the usage of many cannabis products, including recreational marijuana, in recent years, so the usage of pot should not automatically lead to an arrest. You can learn more with a criminal defense attorney.
What Are the Penalties for Driving High in California?
Driving under the influence of marijuana in California can result in:
- Up to six months in jail
- A license suspension
- Mandatory attendance of DUI safety classes
- Thousands of dollars in fines
You can take steps to avoid penalties for a marijuana DUI in California by discussing legal defenses with a lawyer who will put your best interests first and could counter the evidence of impairment provided by law enforcement to establish reasonable doubt against your charges.
The above penalties and fines can be draining if you lack the legal expertise to fight the charge. It is best to hire an experienced attorney to fight the charge. If not, you may end up paying hefty fines, facing jail time, and having your license suspended.
What If Someone Falsely Accused You of Driving High?
The court may dismiss a false marijuana-related offense. However, this only occurs if the prosecution has no concrete proof that you were high at the time of the traffic incident. Therefore, it’s best to work with an attorney who understands California DUI laws to discuss your legal options and build a strong defense.
Learn More About Driving High in California
What is the legal limit for driving high in California? The state considers it a crime to drive while impaired by any drug, including cannabis, and does not have an allowable level of impairment. You may face charges as a medical marijuana user or someone who uses cannabis recreationally.
A criminal defense lawyer can help you handle potential charges. You can learn more about California’s DUI laws on impaired driving when you call or complete our online contact form.
