Were you pulled over while driving and accused of operating your vehicle under the influence of marijuana? Although cannabis is legal for adults to partake in throughout the state of California, it is still illegal to drive a car while impaired by the substance.
However, DUI cases involving marijuana are often more complicated than those involving alcohol due to evolving state laws, subjective testing methods, and unclear impairment thresholds. That’s why it’s important to contact a Pasadena DUI lawyer right away.
At Los Angeles DUI Lawyer, we can help you find a Pasadena marijuana DUI lawyer who knows how to handle cases like yours. With decades of experience helping thousands of people find lawyers who can help, we’re here for you.
Legal Definition of a Marijuana DUI in California
California Vehicle Code § 23152(f) makes it unlawful for a person to drive under the influence of any drug, including marijuana. The key issue in these cases is impairment. Specifically, the law is concerned with whether the consumption of cannabis compromised the driver’s ability to operate a vehicle.
Alcohol has a defined per se limit of 0.08% blood alcohol concentration (BAC). However, there is no equivalent numeric threshold for tetrahydrocannabinol (THC), which is the psychoactive ingredient in marijuana that impairs you.
As a result, California does not have a per se THC limit, and prosecutors must rely on other forms of evidence to prove impairment. Thankfully, when you reach out to a Pasadena marijuana DUI law firm, you’ll have lawyers who can build a case in your defense.
Challenges When Proving Marijuana Impairment
One of the major challenges in marijuana DUI cases is proving that the driver was impaired at the time of driving. Unlike alcohol, THC can remain in the body for days or even weeks, long after the impairing effects have worn off.
There are three types of THC measured in a blood test:
- Delta–9 THC: As the active component that causes impairment, delta-9 THC peaks shortly after smoking and declines within a few hours.
- 11–OH–THC: This is a metabolite that can also contribute to psychoactive effects.
- THC–COOH: As an inactive metabolite, this can linger in your system for extended periods, though it does not indicate impairment.
Since California does not use a per se THC limit, prosecutors must prove actual impairment based on the totality of circumstances.
Penalties for a Marijuana DUI in California
In Pasadena, a marijuana DUI is treated as a violation of Vehicle Code § 23152(f), and penalties mirror those for alcohol-related DUI offenses.
These penalties vary based on whether the offense is a first–time violation or a repeat offense. Whether or not any injuries and other aggravating factors were involved will also be taken into consideration.
First Offense
A first DUI offense in California is typically charged as a misdemeanor. The court may impose fines ranging from $390 to $1,000 more. This is often in addition to substantial penalty assessments that can significantly increase the total cost.
Offenders usually face up to six months in county jail. The Department of Motor Vehicles (DMV) may impose a six-month driver’s license suspension as well, although restricted licenses might be available under certain conditions.
Completion of a three- or six-month DUI education program is also required in some cases. It’s also possible that the court will order the installation of an ignition interlock device (IID) in the offender’s vehicle.
Second Offense Within 10 Years
A second DUI offense within ten years can also result in a misdemeanor charge, but the penalties will usually increase substantially. Fines can reach upwards of $1,000, not including mandatory penalty assessments.
The court may sentence the offender to a jail term ranging anywhere from 90 days to one year. From there, the DMV usually requires a two-year license suspension. In addition, offenders have to complete a DUI education program that lasts between 18 and 30 months.
Installation of an ignition interlock device becomes mandatory for the majority of second-time offenders as well.
Third Offense Within 10 Years
A third DUI conviction within a ten-year period is still usually charged as a misdemeanor, but it carries even harsher penalties than other misdemeanors. Fines may reach upwards of $1,000 in addition to penalty assessments.
Offenders usually face a jail sentence ranging anywhere from 120 days to one year. The DMV will typically revoke the driver’s license of those who are found guilty for a period of three years as well.
In many cases, the completion of a 30-month DUI education program is required. An ignition interlock device must be installed for a set period following the offense as well.
Fourth or Subsequent Offense
A fourth DUI offense within ten years is typically charged as a felony under California state laws. Penalties often include a state prison sentence of either 16 months, two years, or three years, though it all depends on the circumstances of your case.
The court may also impose fines reaching up to $1,000 before penalty assessments. The DMV will likely revoke your driver’s license for four years, and you might be designated as a habitual traffic offender (HTO), which can lead to enhanced penalties for future violations.
Reach Out To Los Angeles DUI Lawyer Today To Connect With Pasadena Marijuana DUI Attorneys Who Can Help
If you or someone you care about is facing a marijuana DUI charge, reach out to Los Angeles DUI Lawyer as soon as possible. We can connect you with Pasadena marijuana DUI lawyers who understand the ins and outs of marijuana DUI cases just like yours. With legal counsel by your side, you can trust that your rights will be protected.
You deserve guidance through this process, and marijuana DUI attorneys in Pasadena are the ones who can give you exactly that. Don’t hesitate to contact us; we’re here for you. The sooner you call us, the sooner you can start moving forward.
