Were you arrested after operating a vehicle while under the influence of marijuana? If you are pulled over and suspected of being impaired, you could be facing a DUI charge, even if you have a medical marijuana card or consumed cannabis legally.
While this may sound overwhelming, we don’t recommend attempting to defend yourself alone—instead, reach out to a Glendale marijuana DUI lawyer who has experience handling criminal defense cases.
At Los Angeles DUI Lawyer, we have decades of experience connecting thousands of people in situations just like yours with a Glendale DUI lawyer they could trust. With legal counsel by your side, you have a greater chance of securing a favorable outcome in your case.
How Do Police Determine Marijuana Impairment?
Determining marijuana impairment is more complicated than detecting alcohol intoxication. This is because no universally accepted threshold for THC levels indicates active impairment.
This often leads to subjective assessments by law enforcement, which can result in wrongful charges. However, the police can still rely on the following information to determine that marijuana might be involved.
Observations From Law Enforcement
Police officers often look for the following signs of impairment:
- Bloodshot eyes
- Slow reaction time
- Erratic driving behavior
- Confusion or delayed responses
- A scent coming from your vehicle
Field Sobriety Tests (FSTs)
If an officer suspects marijuana impairment may be at play, they might ask you to perform field sobriety tests. These tests are not scientifically reliable for detecting marijuana impairment, and they can be affected by various factors:
- Fatigue
- Medical conditions
- Anxiety or nervousness
Blood and Urine Tests
Unlike alcohol, THC stays in your bloodstream for days—or even weeks—after use. This means you could test positive for THC even if you were not impaired while driving your vehicle.
The prosecution must prove that you were actively under the influence at the time, which is often very difficult. Your attorney can challenge flawed DUI tests and subjective police reports to weaken the prosecution’s case.
Penalties for a Marijuana DUI
A marijuana DUI conviction can have serious consequences, and the penalties often increase in the face of repeat offenses. In addition to fines, jail time, and license suspensions, a conviction can also lead to higher insurance rates and a permanent criminal record.
First Offense Marijuana DUI
This DUI charge is a misdemeanor, and many people who are convicted face up to six months in jail. You could be responsible for paying fines ranging from $390 to $1,000, plus court fees.
It’s not uncommon for those convicted of a first offense marijuana DUI to have their license suspended for six months, be required to enroll in a DUI education program, and go on probation for anywhere from three to five years.
Second Offense Marijuana DUI
As a misdemeanor, a second offense marijuana DUI often leads to up to one year in jail. You could owe fines up to $1,000 and have to undergo a two-year license suspension. DUI education programs and ignition interlock devices (IIDs) are also possible.
Third Offense Marijuana DUI
Third offense marijuana DUIs are still considered a misdemeanor. They carry a mandatory minimum of 120 days in jail.
You could also face a three-year license suspension, fines up to $1,000, and enrollment in a 30-month DUI education program. You might be mandated to install an IID in your vehicle as well.
Felony Marijuana DUI
You could be charged with a felony DUI if this is your fourth DUI offense within 10 years, you caused injuries to—if not the death of—someone else, or you have a prior felony DUI conviction.
Felony DUI penalties include up to three years or more in state prison, fines up to $5,000, a five-year license suspension, and mandatory DUI education programs.
Defenses Your Glendale Marijuana DUI Attorney Might Use to Fight Your Charges
A marijuana DUI is not an automatic conviction. Your marijuana DUI legal counsel in Glendale can apply aggressive defense strategies to fight your charges:
- Challenging the original cause of the traffic stop
- Questioning the validity of the field sobriety test results
- Disputing your blood or urine test results
- Attacking the observations made by the officers
- Claiming that your rights were violated
Medical Marijuana and DUI Charges
If officers believe you were impaired while driving, you can still be arrested for DUI even if you have a valid medical marijuana prescription. However, a strong defense can challenge whether actual impairment was present.
Your attorney will understand how medical cannabis patients metabolize THC differently. With this information in mind, your legal counsel can fight wrongful DUI charges on your behalf.
Will a Marijuana DUI Conviction Appear on My Record?
Yes—a marijuana DUI will appear on both your criminal record and your driving record. This can affect your life in the following ways:
- Employment opportunities
- Professional licensing
- Auto insurance rates
- Future DUI penalties (DUIs remain on record for 10 years)
In some cases, you may be eligible for DUI expungement. This process removes the conviction from public records. Your marijuana DUI attorney in Glendale can help you determine your eligibility for expungement.
Contact Us Today for More Information About How a Glendale Marijuana DUI Lawyer Can Help You
If you were charged with driving under the influence of marijuana, don’t wait to reach out for legal help. The sooner you call Los Angeles DUI Lawyer, the sooner we can help you access resources and connect with attorneys who can take on cases like yours.
We understand how stressful the possibility of being convicted can be. However, we can help you meet lawyers with experience fighting marijuana DUI charges and protecting the future of their clients. You’re not alone—we can help you find an attorney who will defend you.
