Were you stopped or arrested under suspicion of driving under the influence and being impaired by weed? In the state of California, driving while impaired by cannabis—even if you obtained it legally—can lead to DUI charges and other serious legal consequences.
Unlike alcohol DUIs, marijuana DUI cases are often more complicated because there’s no legal limit or breath test equivalent. Law enforcement relies on observations, field sobriety tests, and toxicology reports, all of which can be subjective, but a Palmdale DUI lawyer can represent you.
You might feel confused and overwhelmed, but a Palmdale marijuana DUI lawyer can explain your circumstances and advocate for your rights. At Los Angeles DUI Lawyer, we’ll apply our decades of experience to your situation and connect you with attorneys who can help.
Marijuana DUI Laws in California
In California, it is unlawful to drive a vehicle while under the influence of any drug, including marijuana. This is codified under California Vehicle Code § 23152(f), which states that “It is unlawful for a person who is under the influence of any drug to drive a vehicle.”
This section applies to both legal and illegal substances, meaning that even though cannabis is legal for recreational and medicinal use, driving under its influence is still prohibited. There is no legal threshold for THC concentration in the bloodstream like the 0.08% BAC limit for alcohol.
As a result, marijuana DUI cases often hinge on the arresting officer’s observations, field sobriety test performance, and chemical testing results, none of which definitively measure impairment. This is where a Palmdale marijuana DUI attorney can advocate for you.
How Law Enforcement Determines Marijuana Impairment
Marijuana affects people in different ways depending on the method of consumption, dosage, frequency of use, and personal tolerance. This makes it difficult for law enforcement officers to objectively determine whether or not a driver is impaired.
When a driver is pulled over for suspected impairment, law enforcement officers typically follow a standard process that unfolds in this way:
- Observations: Officers look for signs of intoxication, including bloodshot eyes, the smell of marijuana, slowed speech, confusion, or delayed motor responses.
- Field sobriety tests (FSTs): Officers may ask the driver to perform standardized FSTs, such as the horizontal gaze nystagmus test, walk-and-turn test, or one-leg stand. That said, these tests were designed for alcohol impairment, so they are not always reliable indicators of marijuana intoxication.
- Drug recognition evaluator (DRE) evaluation: A DRE is a specially trained officer who conducts a 12-step assessment to determine if a person is under the influence of a drug. This evaluation includes pupil size checks, pulse rate, muscle tone, and additional physical and psychological tests.
- Chemical testing: If the officer suspects marijuana use, the driver may be asked to submit to a blood test to detect THC levels.
Unlike alcohol testing, there is no breathalyzer for marijuana. While some jurisdictions have piloted oral fluid testing devices, blood tests remain the most common method for confirming the presence of THC.
Challenges With THC Testing
As the active compound in cannabis, THC presents unique challenges when it comes to enforcing DUI charges. Unlike alcohol, THC is fat-soluble, meaning it can remain in the body for days or even weeks after use, especially for regular users.
This means a person can test positive for THC without being impaired at the time of driving. Key issues with THC testing in DUI cases include:
- No per se legal limit: California has not adopted a per se limit—such as five nanograms per milliliter of THC in blood—for marijuana impairment. While some states—like Colorado—have limits like these, California requires proof of actual impairment.
- Delayed peak levels: When marijuana is smoked, THC levels in the blood rise quickly and then fall rapidly, even though cognitive effects may persist. With edibles, the onset is slower, but the duration is longer. At this point, the timing of the blood draw is very important.
- Chronic use vs. impairment: Frequent cannabis users often have detectable levels of THC in their blood even when they are sober. Unlike alcohol, THC presence does not correlate reliably with current intoxication.
Because of these issues, the prosecution must rely on a combination of evidence to prove that a person was too impaired to safely operate a vehicle due to marijuana use. Your marijuana DUI lawyers in Palmdale can help you dispute the evidence as they fight for justice on your behalf.
Contact Us Today to Get Connected to a Marijuana DUI Law Firm in Palmdale
If you were charged with driving under the influence of marijuana, you’re likely feeling confused and stressed out by your situation. Even though cannabis is a legal substance in the state of California, operating a vehicle after using marijuana can result in criminal penalties.
As overwhelming as these circumstances might be, this is not something you have to face all alone. The legal system might seem stacked against you, but you have rights, and Palmdale marijuana DUI lawyers can advocate for you in your pursuit of justice.
To learn more about how to contact a Palmdale marijuana DUI law firm, give Los Angeles DUI Lawyer a call. The sooner you act, the sooner we can connect you with resources and point you in the direction of lawyers who can start building a defense on your behalf.
