Common defenses against a marijuana charge include arguing that a stop and seizure was illegal and challenging evidence that you were intoxicated. Given the differences between alcohol and marijuana, offenders typically have more room to defend against marijuana DUI charges.
If you are currently facing charges for driving under the influence of marijuana, you should speak to a Los Angeles marijuana DUI lawyer. A lawyer can explain different defense strategies and build an argument to defend against the charges.
Marijuana DUI Definition in California
California’s DUI laws don’t only apply to alcohol but also to marijuana. California legalized marijuana recreationally in 2016, but it’s still illegal to drive while high on cannabis.
Unlike with alcohol, there is no legal cannabis limit under which it’s legal to drive. California Vehicle Code 23152(f) establishes that driving with any amount of cannabis in your system can be illegal. It doesn’t matter the method of ingestion—smoking, vaping, edibles, etc. If the police judge that your driving is impaired due to marijuana use, they can arrest you for a marijuana DUI.
Marijuana DUI Penalties
California treats marijuana DUIs the same as it does alcohol-related ones concerning punishment. A first-time marijuana DUI conviction is a misdemeanor and can carry a maximum of six months in prison, a fine of up to $500, and a six-month license suspension.
Subsequent convictions carry longer prison sentences and fines. Offenders may also have to attend DUI school and must pay for the cost of the police towing and impounding their vehicle.
If an individual causes an accident while high and injures or kills someone, they can be charged with a felony DUI and face significant penalties.
Possible Defenses Against a Marijuana DUI Charge
Your odds of beating the charges depend on the strength of your defense. A lawyer can help your marijuana DUI case by creating a defense that counters the prosecution’s evidence. There are several defenses against a marijuana DUI charge an attorney could use:
1. Not Impaired With THC
Unlike alcohol DUI laws, there is no specified legal limit for cannabis under which driving is legal. The simple presence of THC in your system is not enough to show you were actually impaired, as THC metabolites can remain in the blood for up to a month after consumption.
Since there are no roadside tests they can do, police must make arrests based on physical indicators, such as your erratic driving or appearance/odor. An attorney could argue that there wasn’t sufficient evidence of impairment to arrest you and charge you with driving under the influence of marijuana.
2. You Weren’t Driving the Car
In California, driving is defined as having actual physical control of the vehicle and causing it to move intentionally. The prosecution must prove that you were driving the car while intoxicated to secure a DUI conviction.
Your attorney could argue that you weren’t in control of the vehicle when you were arrested—e.g., the engine was turned off, you were in the passenger seat, etc.
3. The Police Illegally Stopped You
The police must have probable cause to pull you over and cannot do it solely to check if you are sober. If the police illegally stopped and searched your vehicle, your lawyer could petition for any evidence they find to be inadmissible in trial. This includes potentially incriminating evidence, such as the presence of loose marijuana plants or smoking paraphernalia.
4. Chemical Test Not Reliable
Chemical blood tests are the primary way police test for marijuana impairment, but these tests are not always accurate. Errors in evidence handling or administering can cause false positives in the testing process. Also, some medications or medical conditions can cause a THC blood test to come back positive.
Even a positive blood test is not enough for a conviction. Chemical blood tests only show the presence of THC in the system; they don’t tell police whether the individual was actually impaired while driving or even smoked recently.
5. Plead Charges Down to Lesser Crime
Depending on the circumstances, you may be able to plead guilty to a lesser crime to avoid a marijuana DUI conviction. For example, if you are pulled over with weed in your car and charged with a marijuana DUI, your lawyer may be able to negotiate the charges down to a simple possession while driving charge.
California Vehicle Code 23222(b) makes possessing cannabis out in the open in a vehicle illegal, but it’s only a low-level infraction that carries no jail sentence.
Contact a Marijuana DUI Lawyer
A marijuana DUI can have the same negative impact as an alcohol-related DUI, so it’s imperative to be proactive to defend yourself. Los Angeles DUI Lawyer can connect you with an experienced criminal defense lawyer in your area who can protect you against the charges and safeguard your freedoms.
Do you have more questions about common defenses against a marijuana DUI charge? If so, contact us today to learn more about how a marijuana DUI lawyer can help you.
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