Three things to know about a marijuana DUI case are that there’s no “per se” legal limit for the amount of active tetrahydrocannabinol (THC) in a driver’s bloodstream, the penalties for a marijuana DUI are identical to those of an alcohol DUI, and this type of case frequently relies heavily on observational evidence.
Get legal help if you have been arrested for marijuana driving under the influence in California. Your Los Angeles marijuana DUI lawyer will discuss the things to do in the aftermath of your arrest. In addition, they will give you a full rundown of the three things to know about a marijuana DUI case, as listed below.
1. California Doesn’t Have a Legal Limit for THC Impairment
Per CA Vehicle Code 23152(b), in California, it is against the law for anyone 21 and older to drive if they have a blood alcohol concentration (BAC) of 0.08% or higher. For commercial and rideshare drivers, it is illegal to drive if they have a BAC of at least 0.04%. If a motorist is under 21, they can’t legally drive if they have a BAC of 0.01% or greater.
Comparatively, with a marijuana DUI, California law doesn’t have a specific “per se” legal limit for how much active THC is in a driver’s bloodstream. This is due to the fact that THC can affect people differently based on varying tolerance levels. Also, THC can stay active in a chronic marijuana user’s system for days or weeks after the intoxicating effects of it have worn off.
Based on these things, if a blood test shows that your THC level was elevated at the time of your DUI arrest, this doesn’t necessarily prove that you were impaired at the time you were driving. To prove that you should be convicted, the prosecutor in your case will have to show the court that your marijuana use affected you physically and mentally and impaired your driving.
2. The Penalties for Marijuana Driving Under the Influence Are Equivalent to Those of an Alcohol DUI
Another thing to know about your marijuana DUI case: The penalties that you can receive are the same as those for an alcohol DUI. These penalties are defined by CA Vehicle Code 23152(f), and they can include:
- Jail or prison time
- Fines
- Probation
- DUI school
The penalties for marijuana driving under the influence will escalate if you have been convicted of multiple DUIs. Meanwhile, if you refuse a post-arrest blood or urine test, the California Department of Motor Vehicles (DMV) will automatically suspend your driver’s license for one year, regardless of the outcome of your court case. However, you can appeal this suspension.
3. Circumstantial Evidence Can Make or Break the Prosecution’s Case Against You
When it comes to the things you should know about a marijuana DUI case, consider the role of circumstantial evidence in a prosecutor’s argument. The prosecution will want to prove beyond a reasonable doubt that a conviction is warranted. As such, they may utilize a wide range of circumstantial evidence to strengthen their argument. Examples of such evidence include:
- Police or witness observations of you driving significantly below the speed limit, weaving in and out of traffic, or other indicators of erratic driving
- A police officer’s observations of an odor of marijuana, your pupils appearing red or dilated, or other physical signs of intoxication
- Field sobriety test (FST) results
- Testimony from a police officer trained as a drug recognition expert (DRE)
- Your statements about your marijuana use
How you respond to your marijuana DUI arrest has far-reaching effects. If you work with a lawyer who has relevant marijuana DUI case experience, you can minimize the risk of mistakes that otherwise hurt your case. Plus, your attorney can prepare a custom DUI strategy, improving your chances of avoiding a conviction.
Other Things to Know About a Marijuana DUI Case
You can’t use the legal status of recreational or medical marijuana in California as a defense to driving while impaired. Alternatively, a marijuana DUI attorney will consider many legal strategies to poke holes in the prosecution’s circumstantial evidence. Some of the ways that your lawyer can dispute your criminal charge include:
- Challenging the lawfulness of your traffic stop
- Arguing that you weren’t actually impaired at the time of your arrest
- Disputing the accuracy of your FST results
Depending on the circumstances of your case, you could get a DUI plea bargain. Your marijuana DUI lawyer can negotiate a plea agreement with the prosecution. If you accept a plea deal, you could avoid a lengthy jail or prison sentence and other harsh criminal penalties.
The Bottom Line on the Things to Know About a Marijuana DUI Case in California
It is easy to give up on a marijuana driving under the influence case. Yet, if you do, you will be punished, and your criminal conviction will affect you long into the future. Talk with marijuana DUI lawyers about your situation. Your attorney will explain what you need to know about a marijuana DUI case and help you at each stage of your legal proceedings.
Los Angeles DUI Lawyer has served thousands of clients. If you’ve been arrested for marijuana driving under the influence and have no idea what to do from here, we can help you find a DUI lawyer who will take your legal matters seriously.
Fact Checked
