Marijuana’s legality does not give California residents the right to get behind the wheel of a motor vehicle while intoxicated. It is illegal to drive while high, and you can face criminal consequences if you’re accused of doing so. However, you also have the right to challenge wrongful accusations of a marijuana DUI. Lancaster lawyers can help.
Los Angeles DUI Lawyer has a vast professional network that allows victims of wrongful criminal accusations to get in touch with experienced attorneys. Our team can put you in touch with a Lancaster DUI lawyer within hours of your arrest, ensuring you have the support you need to protect your rights and challenge attempts to misrepresent your circumstances.
You can reach out today to learn more about what the attorneys in our professional network can do for you.
Defining Driving Under the Influence of Marijuana
Driving while high in California is illegal. While California’s cannabis laws permit recreational and medical use of the drug, it can slow a driver’s reaction time past the point of safety. Chemical distraction behind the wheel can cause a driver to do considerable harm to themselves and others on the road.
However, the state does not view marijuana the same way that it does alcohol.
California has not established a legal threshold for THC blood levels. Rather, state law enforcement officers have the right to pull someone over on suspicion of driving while high based on their behavior. Officers may then supplement those suspicions with blood or urine tests.
Determining Intoxication
Officers must have a reason to think you may be under the influence before they can pull you over. There must be viable proof that you were driving erratically, speeding, or even driving unusually slowly before an offer can assert reasonable suspicion.
Once an officer pulls you over, they can determine your degree of intoxication by assessing:
- Physical symptoms of intoxication, including bloodshot eyes and increased sensitivity or nausea
- Your verbal or cognitive impairments, including any difficulty concentrating or trouble answering officers’ questions
- Visible evidence of marijuana usage, including active smoking in the car, the smell of marijuana, or immediately-evident edibles
Officers may also ask you to participate in field sobriety tests, which may require you to test your physical coordination and mental focus. If you refuse to participate in a field sobriety test, officers have the right to immediately arrest you on suspicion of driving under the influence.
Penalties for Driving While Using Marijuana in California
The penalties you face when accused of driving under the influence of marijuana will vary based on your criminal history. The Lancaster marijuana DUI attorneys in our network break down California’s criminal consequences for marijuana DUIs below:
- First offenses can see you face up to six months in jail, fines of up to $1,000, the loss of your license for up to six months, and mandatory participation in a DUI education program.
- Second offenses can see you charged with up to a year in jail, fines of $1,000, the loss of your license for two years, and mandatory participation in a DUI program.
- Third offenses will increase your time without a license from two years to three and require you to have an ignition interlock device (IID) installed in your vehicle, in addition to the penalties that come with your second offense.
- Fourth offenses may see you face up to three years in state prison, the loss of your license for up to four years, mandatory participation in a long-term DUI program, the installation of an IID in your vehicle, and fines of up to $1,000.
These consequences can grow more severe if you’re accused of causing a serious accident, injuries, or someone’s wrongful death while under the influence of marijuana.
When to Contact a Lancaster Marijuana DUI Lawyer
If you’re facing accusations of driving under the influence of weed, we can connect you with a marijuana DUI attorney in Lancaster who can take your case.
Experienced attorneys can stand with you throughout your arraignment and break down the specific accusations you need to challenge. Your representative can then help you gather the evidence that may best help you cultivate a defense against your marijuana DUI charges.
An attorney’s representation can make it easier for you to communicate with police officers, a prosecutor, a criminal judge, and representatives from your insurance provider. You can also discuss the validity of plea deals with your lawyer to make sure they actually benefit you.
Establishing a Defense Against Marijuana DUI Charges
The defenses you can build against accusations of driving under the influence of marijuana will vary based on your specific circumstances. For example, your lawyer may question the field sobriety tests you had to undergo at the scene of your arrest, discussing their relevance and assessments.
Your attorney may also identify any bias or misconduct that led officers to wrongfully pull you over. Similarly, if officers searched your car without a warrant, if they failed to read you your rights upon arresting you, or if they otherwise violated your rights, you have the right to have your case thrown out.
An experienced lawyer can additionally question the evidence used to argue that you were intoxicated at the time of your arrest. Inaccurate urine and blood tests, as well as an inattentive chain of command, can all bring the prosecution’s assertions of illegal intoxication into question.
Start Working With a Lancaster Marijuana DUI Lawyer Today
The recreational use of marijuana may be legal in California, but motorists may not get behind the wheel of a car in a state that might endanger the people around them. Driving while high puts people on the road at serious risk for injuries and even death.
However, California police officers can get overzealous when they suspect someone of driving while intoxicated. If you’re facing wrongful marijuana DUI charges, you need to work with a lawyer to challenge the accusations brought against you.
Los Angeles DUI Lawyer can connect you with a marijuana DUI attorney in Lancaster, CA, today. Our professional network allows you to meet with attorneys who will consistently prioritize your best interests and push to have your charges reduced or dropped. Contact us to learn more today.
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