A DUI arrest for marijuana can seem confusing, especially since marijuana use is legal in California if you are over 21. However, just like with alcohol, you can face serious consequences for driving while impaired, even if you are otherwise using marijuana legally.
Also, like an alcohol-related DUI charge, if you are convicted, you could face fines, jail time, and a license suspension. A Mission Viejo marijuana DUI lawyer can help you understand your rights, explain the law, and work toward the best possible outcome to your case.
Los Angeles DUI Lawyer has helped thousands of clients get the legal assistance they need when they are facing DUI charges. Call today, and we can connect you with a Mission Viejo DUI lawyer who can help with your case.
What Happens if You’re Arrested for Marijuana DUI in Mission Viejo?
If you’re arrested for a marijuana DUI in Mission Viejo, police will likely take you into custody and conduct chemical tests to check for THC in your system. After booking, you may be released with a notice to appear in court. You are facing criminal charges.
Your driver’s license may be confiscated, and you’ll receive a temporary permit valid until your DMV hearing. At the hearing, a DMV officer reviews your arrest to decide whether to suspend your license. You can present evidence and challenge the suspension.
The court process includes arraignment, where you enter a plea, followed by pre-trial hearings and possibly a trial. Consulting a Mission Viejo marijuana DUI attorney early helps you understand your charges and your rights.
How Can a DUI Lawyer Help with a Marijuana DUI?
A skilled lawyer can make a major difference in how your case is handled and what outcome you face. Here’s how a Marijuana DUI lawyer in Mission Viejo can help:
- Review the facts of your case: Your lawyer will examine the details of your arrest, including the police report, chemical test results, and any video footage, in order to identify errors or inconsistencies.
- Explain your options: A DUI lawyer helps you understand the potential outcomes, penalties, and best strategies so that you can make informed decisions throughout the process.
- Challenge the legality of the stop: If the officer didn’t have a valid reason to pull you over, your lawyer can argue that the stop and anything that followed was unlawful.
- Question the accuracy of THC testing: Marijuana DUI cases often rely on blood or urine tests. Your lawyer can challenge how the test was performed and whether it showed impairment at the time of driving.
- Negotiate with the prosecutor: Your attorney can negotiate to reduce or even dismiss your charges, especially if the evidence is weak or was mishandled.
- Represent you in court: If your case goes to trial, your lawyer will present your defense, cross-examine witnesses, and argue on your behalf.
- Represent you in DMV hearings: In addition to court proceedings, a lawyer can represent you at the DMV administrative hearing to help you fight the suspension of your driver’s license.
Penalties for Marijuana DUI in Mission Viejo
The penalties for a marijuana DUI are similar to California DUI penalties for alcohol-related offenses and depend on whether it’s your first offense or if you have prior DUI convictions. Even if marijuana is legal for recreational or medical use, driving under its influence is still a crime.
First Offense
A first marijuana DUI can lead to up to six months in jail, fines up to $1,000 plus fees, license suspension, DUI classes, and probation. You may qualify for a restricted license during the suspension. Probation typically lasts three to five years with court-imposed conditions.
Second and Third Offenses
Repeat marijuana DUIs carry increased jail time, up to one year, higher fines, and longer license suspensions, sometimes up to three years. Offenders must attend extended DUI education for 18 to 30 months and often must install an ignition interlock device.
DUI with Injury or Death
If your DUI involved someone’s death or injury, it becomes a felony with state prison time and higher fines. Courts may require restitution to victims and impose a permanent felony record. Penalties depend on injury severity and the number of victims.
Additional Consequences
A marijuana DUI conviction also brings long–term effects. You could face increased insurance rates, a 10-year blemish on your driving record, and problems with employment or licensing.
A conviction can continue to affect your personal and professional life for years.
Connect With a Mission Viejo Marijuana DUI Attorney
In California, a marijuana DUI is every bit as serious as an alcohol-related DUI, and prosecutors will seek maximum penalties. It can feel like a hopeless situation when you are facing the brunt of the criminal justice system, but you don’t have to handle it alone.
A Mission Viejo marijuana DUI attorney can investigate your charge to make sure you have been treated fairly and seek ways to mitigate the impact on your life. In some cases, an attorney may be able to have your charges dropped or prove your innocence in court.
Los Angeles DUI Lawyer has decades of experience connecting Californians accused of DUI offenses with legal counsel that can help them through one of the toughest times of their lives. Call today and get the legal assistance you need.
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