Have you been arrested for driving under the influence of marijuana? With marijuana use now legal in California, many people don’t realize that driving under the influence of cannabis is still a criminal offense. Even if you’re using it legally, driving while impaired can result in a DUI.
However, a Garden Grove marijuana DUI lawyer with experience handling marijuana cases can help you understand your legal options while defending your rights.
We can connect you with a Garden Grove DUI lawyer who’s successfully handled cases like yours before. The team at Los Angeles DUI Lawyer has decades of experience connecting thousands of people just like you with attorneys who can help.
What to Know About Marijuana DUIs in California
Even though recreational cannabis use is legal for adults, driving under the influence of marijuana is still against the law in California. Under California Vehicle Code § 23152(f), it’s illegal to drive if you are impaired by any drugs, including weed.
That means if an officer believes you’re too high to drive safely, you could be arrested and charged with a marijuana DUI. One of the trickiest parts about these cases is that, unlike alcohol DUIs, there’s no legal THC limit that determines whether or not you’re legally impaired.
So, while 0.08% BAC is the benchmark for alcohol, there’s no agreed-upon number for marijuana. This makes marijuana DUI cases much more subjective, which also causes them to be more complicated.
Why These Cases Are Harder to Prove
With alcohol, it’s relatively straightforward. Blowing over 0.08% means you’re presumed to be impaired. But marijuana doesn’t work like that. THC can stay in your system for days or even weeks after you use it, even if you’re totally sober.
Because of that, proving someone was actually impaired at the time they were driving is much harder. Instead of relying on a clear number, officers usually look at your driving behavior, how you’re acting during the stop, and whether or not you show physical signs of impairment.
They may also call in a Drug Recognition Expert (DRE) to perform a series of coordination and attention tests to decide whether you’re under the influence of a drug like marijuana. Cannabis affects everyone differently, and your Garden Grove Marijuana DUI attorney can use this as part of your defense.
What Are the Penalties for a Marijuana DUI in Garden Grove?
If you’re convicted of a marijuana DUI, the penalties are similar to those for alcohol-related DUIs. Here’s what you could be facing:
- Fines between $390 and $1,000
- Court fees and assessments that add up quickly
- License suspension, though you might be eligible for a restricted license
- Three- to nine-month DUI education program.
- Informal probation with conditions like staying out of trouble and completing programs
- Probation or community service instead of jail time in many cases
If you’ve had prior DUIs—especially drug-related ones—you could come face to face with even steeper penalties. You could be looking at longer suspensions, more expensive fines, and real jail time, among other types of consequences.
How Can You Fight a Marijuana DUI Charge?
Just because you’re charged with a marijuana DUI doesn’t mean you’ll automatically be convicted. There are several defenses that your marijuana DUI attorney in Garden Grove can apply to your case, though the right defense for you will depend on the facts of your situation.
In general, let’s take a look at some examples of defense strategies your legal counsel might introduce:
- Lack of actual impairment: THC in your system doesn’t equal impairment. Your attorney might argue that the levels found in your blood didn’t affect your ability to drive safely.
- Illegal stop: If the officer didn’t have a valid reason to pull you over, which is also known as probable cause, any evidence gathered during the stop could be thrown out.
- Unreliable testing: Field sobriety tests and blood tests both come with their own sets of flaws. They can be misinterpreted or improperly administered, which your Garden Grove marijuana DUI lawyers can help you prove.
- No clear signs of impairment: If your driving was fine and the officer can’t point to any specific behavior that would have suggested that you were impaired at the time of being pulled over, this lack of information can be used to weaken the prosecution’s case.
Contact Los Angeles DUI Lawyer Today to Learn More About How a Marijuana DUI Law Firm in Garden Grove Can Help You
If you’ve been arrested for driving under the influence of marijuana, legal assistance is available. You might try to educate yourself about your situation by reading the laws surrounding marijuana use and DUI charges, but the legal jargon can be complicated.
Thankfully, you’re not alone in this. Marijuana DUI lawyers in Garden Grove can help you work through your circumstances with confidence. We can make sure your rights are protected by connecting you with legal resources that you can trust.
Don’t wait to get the help you deserve. Contact Los Angeles DUI Lawyer today. The sooner you reach out, the sooner we can become a trusted legal resource to help you move forward with your case.
