California’s laws regarding marijuana are relatively lax compared to those of other states. However, there are still a number of criminal offenses involving marijuana, such as a marijuana DUI. Driving while high is illegal, and offenders can face similar penalties to those in alcohol-related DUIs.
If you are facing a marijuana DUI charge, you need an experienced Lakewood DUI lawyer to assess your case. You can face jail time and fines for driving high, so the stakes are great. The good news is that it’s generally easier to defend against a marijuana DUI than an alcohol DUI, so an attorney has more room to maneuver.
Contact Los Angeles DUI Attorney today to be connected with a knowledgeable marijuana DUI lawyer serving Lakewood. Our team has decades of experience.
California’s DUI Laws Apply to Marijuana
California Vehicle Code 23152 makes it illegal to drive a vehicle with a blood alcohol content (BAC) greater than 0.08%. However, subsection (f) of the law also makes it illegal to drive while under the influence of drugs. This latter rule applies to most common kinds of recreational and medicinal drugs, including marijuana.
More specifically, three things need to be true to be a violation of CVC 23152(f):
- The offender was under the influence of marijuana.
- The offender drove a car.
- The drug impaired the offender to the extent that they could no longer drive safely.
In this context, driving means that the offender had actual, physical control of the vehicle and intentionally caused it to move.
Penalties for Marijuana DUIs in Lakewood
Generally speaking, marijuana DUIs are punished virtually the same as alcohol DUIs. A first-time marijuana DUI can carry a prison sentence of up to six months and a maximum fine of $1,000. However, it is less likely that you’ll face severe punishment if it’s your first offense and you don’t have a criminal history.
But if you have prior DUI convictions and cause an accident that injures or kills someone, you may be charged with a felony. A felony DUI in California can carry a much longer prison sentence, higher fines, and even permanent license suspension.
Additionally, a marijuana DUI conviction can make it harder to find a job or secure housing. If you have a DUI conviction, you may be ineligible for certain positions where driving is a primary job requirement.
Difficulties in Prosecuting Marijuana DUIs
Unlike BAC limits in alcohol DUI laws, there is no defined limit of marijuana consumption above which driving is illegal. Some states have defined blood concentration limits for THC-9, the psychoactive component in marijuana. However, California’s laws don’t define THC concentration thresholds for DUIs.
Because there’s no per se limit, the prosecution must use other means to prove that you were too impaired to drive. This includes looking at facts about your driving behavior, demeanor, and state of mind. Officers may also appeal to field sobriety test results and drug-recognition experts (DRE) testimony to corroborate their observations.
Chemical Tests for Marijuana are Inconclusive
The police cannot test for marijuana on the roadside like alcohol, so they typically make individuals submit to a chemical blood or urine test when arrested. The problem is that these chemical tests are inconclusive. THC metabolites can stay in the body for up to a month (~30) days after ingesting marijuana.
As such, the simple presence of THC in the system doesn’t necessarily imply the individual was impaired when they were driving. More generally, there is disagreement among experts about how marijuana impairs driving ability and to what extent, which is why there is no single-defined limit.
Can I Refuse a Chemical Test for Marijuana?
California is an implied consent state, meaning all drivers implicitly consent to chemical or blood testing for alcohol or drugs if they are arrested for a DUI. If you get arrested for a DUI, you cannot refuse a chemical blood or urine test for marijuana.
Refusing to submit to a test is itself a criminal violation that carries punishment, in addition to the punishment for a DUI conviction.
However, you can refuse to submit to a chemical test before you have been arrested. If the police pull you over and they try to make you take a chemical test on the spot, you can refuse, so long as you haven’t been arrested.
Common Defenses to Marijuana DUI Charges
Below are some common argument patterns a marijuana DUI lawyer serving Lakewood could use to defend you against criminal charges.
- You were not driving the car. DUIs require the prosecution to prove that you were actually driving the vehicle and intentionally caused it to move. If the car was off or the keys were not in the ignition, your attorney could argue you weren’t driving.
- You were not impaired. Prosecutors must rely on more subjective types of evidence in marijuana DUI cases, which makes it less difficult to challenge the charges and argue you weren’t impaired enough to be arrested.
- The police illegally stopped you. Police can’t pull drivers over for no reason and must have probable cause to search a vehicle. Your attorney could suppress incriminating evidence if the police violated your rights.
Contact a Marijuana DUI Lawyer Serving Lakewood Today
A marijuana DUI might not seem like a serious charge, but a DUI conviction can stress your finances and limit your freedoms and privileges. The best option is to find legal representation as early as possible to build a strong defense.
Send Los Angeles DUI Lawyer a message online today, and we can put you in touch with an experienced Lakewood marijuana DUI lawyer.
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