You might be surprised to learn that even if you were using marijuana legally, you can still be arrested for a DUI. In California, recreational marijuana is legal for adults over 21, but even medical marijuana users must avoid driving under the influence.
Like alcohol DUIs, drug-related DUIs carry stiff penalties in California, including potential jail time, fines, and loss of your driver’s license. It’s a serious charge you should not try to handle alone. A North Hollywood marijuana DUI lawyer can protect your rights and help you through it.
For nearly two decades, Los Angeles DUI Lawyer has helped Californians facing criminal charges find legal representation. Call today, and we can connect you with a North Hollywood DUI lawyer who can assist you with your charge for driving under the influence of marijuana.
How Can an Attorney Help With a Marijuana DUI Charge?
While the authorities might make it seem like there is no way out of your charges, that’s not always true. It’s smart to connect with a knowledgeable attorney who can help you understand your situation and present options.
Marijuana DUI is more subjective than alcohol DUI, and is typically based on the discretion of the arresting officer. A North Hollywood marijuana DUI attorney can push back against the prosecution’s case. Some of the things they may do to help with your claim include:
- Challenge the arresting officer’s opinion of your impairment.
- Attack the reliability of field sobriety tests, which were designed for alcohol, not THC.
- Question blood test results, including how and when the blood was drawn and tested
- Argue that THC presence does not equal impairment, since THC can stay in the body long after the effects wear off.
- Handle the DMV hearing to fight your license suspension.
- Negotiate for reduced charges or sentencing alternatives.
How Do Police Prove Marijuana DUI?
In California, marijuana DUI cases differ from alcohol DUIs because there is no legal THC limit. Police prove impairment in a marijuana DUI based on multiple forms of evidence. Officers often cite physical observations, along with driving behavior that appears unsafe or unusual.
They might also rely on field sobriety tests and statements made by the driver. In some cases, blood test results or evaluations by a Drug Recognition Expert are introduced. Ultimately, the prosecution must prove the driver was impaired at the time of driving rather than simply showing the presence of THC.
What are the Penalties for a First-Offense Marijuana DUI in California?
A first-offense marijuana DUI in California is usually charged as a misdemeanor under California Vehicle Code § 23152 and carries penalties similar to those imposed for an alcohol-related DUI. A conviction commonly results in a period of informal probation along with monetary fines.
You may be required to complete a DUI education program and may face a suspension of your driving privileges through the DMV. Jail time is possible, but is frequently avoided for first-time offenders. In some cases, the court may also require installation of an ignition interlock device.
Mitigating factors can reduce penalties for a marijuana DUI or allow alternative sentencing. Courts consider whether you have prior DUI convictions and maintain a clean driving and criminal record. It helps if you cooperate with the authorities and show remorse for your mistake.
What Aggravating Factors Can Make Your Charges Worse?
Aggravating factors can lead to harsher penalties for a marijuana DUI and limit your attorney’s negotiation options. Courts consider prior DUI convictions and any accidents causing injury or property damage. They also examine things like:
- High perceived impairment
- Reckless driving
- The presence of minors
- Refusal of chemical tests
- Probation violations
- Prior criminal history
These factors can increase your penalty for a first offense marijuana DUI, and some can potentially elevate your charges to a felony.
What are Potential Defenses for Marijuana DUI?
Possible defenses for a marijuana DUI focus on challenging the evidence of impairment. Your marijuana DUI lawyer serving North Hollywood will explore potential strategies to reduce or eliminate your charges.
This may show that field sobriety tests were unreliable, or Drug Recognition Expert evaluations were incorrect. Blood testing may be flawed or delayed. Medical conditions, illegal stops, or constitutional violations can also support your defense.
Connect With a Marijuana DUI Attorney Serving North Hollywood
A marijuana DUI can mean a major disruption in your life, and even time in jail. You could incur damage to your career, your reputation, and your relationships. It’s a steep price to pay for one mistake, but California takes driving under the influence extremely seriously.
When you are looking at such severe consequences, even for a first offense, it’s not wise to try to handle it on your own. A North Hollywood marijuana DUI attorney can protect your rights and help you understand what to do after a marijuana DUI arrest.
Los Angeles DUI Lawyer has assisted thousands of clients accused of driving under the influence in California. Call now, and we can put you in touch with an attorney who can help you with your marijuana DUI charges.