Driving under the influence of marijuana is a serious offense in California. Some drivers are surprised to learn they can be arrested even if they used cannabis legally. A conviction can lead to fines, jail time, a license suspension, and a permanent mark on your criminal record.
Unlike alcohol-related DUIs, marijuana DUI cases often depend on subjective evidence, making them more complex to defend. If you’ve been charged, an experienced Inglewood marijuana DUI lawyer can help protect your rights and build a strong case on your behalf.
Our team at Los Angeles DUI Lawyer has decades of combined experience helping people accused of DUI crimes get the legal assistance they need. Call today if you need an Inglewood DUI lawyer, and we can connect you with a skilled attorney.
Can You Get a DUI for Marijuana in California?
Yes, you can be charged with a DUI for driving under the influence of marijuana in California. The law prohibits operating a vehicle while impaired by any drug, including cannabis, whether it is legal or not.
Unlike alcohol, there’s no legal limit for THC in the blood, so the focus is on whether the drug impaired your ability to drive safely. Even medical marijuana users are not exempt if their driving is affected.
Law enforcement can arrest you if they notice signs of impairment, such as erratic driving or the smell of marijuana in your vehicle. California takes marijuana DUIs seriously and prosecutes them similarly to alcohol-related offenses.
Do You Need an Attorney if You Are Arrested for Marijuana DUI?
While you don’t technically need an attorney, it‘s highly recommended that you get legal help after a marijuana DUI arrest in California. These charges can be complicated; assistance from an Inglewood marijuana DUI attorney can make a big difference in the outcome of your case.
Prosecutors often depend on subjective observations and drug recognition expert testimony. An attorney can assess whether the stop and arrest were lawful, question the accuracy of field sobriety tests, and challenge the interpretation of chemical tests.
They may also identify procedural errors or rights violations that could lead to charges being reduced or dropped. Your lawyer can protect you from a system that seeks to heavily punish people suspected of impaired driving.
Can Police Test for Marijuana DUI?
Yes, police in California can test for marijuana if they suspect you’re driving under its influence, but the process differs from alcohol testing. There is no breathalyzer for THC; instead, law enforcement may use a blood test to detect active THC in your system.
Officers will also conduct a field sobriety test and may call a trained drug recognition expert to evaluate physical signs of impairment. Police may also look for physical evidence like marijuana odor, paraphernalia, or open containers.
Although testing is permitted, the lack of a clear legal threshold for THC makes marijuana DUI cases legally difficult. Unlike alcohol, where results are relatively straightforward, THC levels are harder to interpret, as they don’t always correlate with actual impairment.
How Can They Prove Marijuana DUI in California?
To prove a marijuana DUI in California, prosecutors must show that marijuana impaired your ability to drive safely. They rely on a combination of factors, including the officer’s observations and your performance on field sobriety tests.
Prosecutors often piece together circumstantial evidence, such as erratic driving, physical symptoms, and any statements you made during the stop. However, your attorney can challenge each of these elements.
Because of the subjective nature of the evidence, these cases often hinge on the quality of the defense. A skilled marijuana DUI lawyer in Inglewood can make the difference between a conviction and the dismissal of your case.
What Are the Penalties for a Marijuana DUI?
The consequences for a marijuana DUI are similar to those for alcohol-related driving under the influence penalties in California and can be severe, even for a first-time conviction. Repeat offenses or DUIs involving accidents or injuries can lead to more severe consequences.
For a first offense, you may face:
- Up to six months in jail
- Fines totaling several thousand dollars after fees and assessments
- Mandatory DUI education classes
- License suspension
- Required participation in drug treatment programs.
A marijuana DUI conviction also stays on your record and counts as a prior offense if you’re arrested again. Beyond legal penalties, a conviction can affect employment, insurance rates, and even professional licenses.
Get Help from an Inglewood Marijuana DUI Attorney
Considering the consequences, it’s crucial to take any marijuana DUI charge seriously. Ultimately, regardless of whether the marijuana was legally obtained or not, the main legal question is whether your ability to drive was impaired at the time you were stopped.
An experienced Inglewood marijuana DUI attorney knows how to build an effective, marijuana-specific defense. They can fight to have your charges dismissed or negotiate with prosecutors to minimize the long-term effects on your criminal record.
Call Los Angeles DUI Lawyer today, and we can connect you with an attorney who will help with your marijuana DUI charges.
Fact Checked
