California has relatively lax marijuana laws compared to many other states. However, it is still illegal to drive while under the influence of marijuana in California. If you get pulled over while high, you can be arrested and taken to jail.
If you are currently facing a marijuana DUI charge, you need a Reseda DUI lawyer to defend you against the charges. Marijuana DUIs can carry the same penalties as alcohol-based DUIs, but a lawyer can work to defend your rights and preserve your freedoms to the greatest possible extent.
Contact Los Angeles DUI Lawyer today to get connected with a Reseda marijuana DUI lawyer.
California’s DUI Laws Also Apply to Marijuana
It’s well known that it’s illegal to drive in California with a blood alcohol content (BAC) greater than 0.08% (0.01% for drivers under 21). These DUI laws also apply to intoxicating drugs. According to California Vehicle Code 23152(f), it is illegal to drive while under the influence of any drug.
Unlike alcohol, there is no legal limit for marijuana under which it’s legal to drive. This means you can get pulled over and arrested for using any amount of marijuana. The method of ingestion doesn’t matter.
Elements of a Marijuana DUI Case
To secure a marijuana DUI conviction, the prosecution must prove two things:
- You drove a vehicle.
- You were so intoxicated that you couldn’t drive safely.
In the context of California’s DUI laws, “driving” means that you were in actual physical control of a vehicle and intentionally caused it to move. Note that this doesn’t mean you can only be arrested if you are caught while driving. You can be arrested for a DUI if the police gain evidence of you driving intoxicated after the fact.
The second element is more subjective. Since there is no defined limit for marijuana consumption, the prosecution must rely on other evidence to prove you were too impaired to drive safely, such as your:
- Driving behavior before being pulled over
- Physical indicators (e.g., lack of coordination, slurred speech, etc.)
- Field sobriety test results
- Chemical blood or urine test analysis
- Statements you made after the arrest
Penalties for a Marijuana DUI in Reseda
Marijuana DUIs are treated the same as alcohol-based DUIs from a sentencing standpoint. A first-time offense is a misdemeanor that can carry up to six months in county jail and a $1,000 fine. You may also be required to attend mandatory drug counseling or DUI school as part of a sentencing agreement.
The penalties for repeat DUIs get harsher. A second DUI can carry up to a year in prison and a fine of up to $2,000. Third and higher DUIs can be charged as felony offenses, which carry even greater prison sentences. Under California law, a repeat DUI is one that occurs within ten years of a previous DUI conviction.
First-time offenders can often avoid jail time, especially if they have an otherwise clean criminal record and show remorse. However, even without a sentence, a conviction can impact your life.
A DUI conviction can make it difficult, if not impossible, to secure employment where driving is a major job duty. You may also have to pay higher insurance rates and face damage to your social reputation.
Common Defenses to Marijuana DUI Charges
A Reseda marijuana DUI lawyer can employ several different defenses against a marijuana DUI charge. Most defenses involve challenging one of the two elements of the crime.
You Were Not Intoxicated
One advantage in marijuana DUI cases compared to alcohol DUI cases is the lack of a clearly defined limit. These differences give you significant room to argue that you were not intoxicated enough to impair your driving.
The simple presence of THC in your system does not imply you were intoxicated, and some indicators of impaired driving (swerving, bloodshot eyes, etc.) could be due to other factors, not intoxication.
Chemical Tests Are Inconclusive
The police typically use chemical analysis to test for marijuana concentration in the blood or urine, but the results of these tests are inconclusive.
THC metabolites can remain in your system for weeks or months after ingesting. A positive test isn’t sufficient to prove that you consumed cannabis recently enough for it to impact your driving. Chemical tests can also return false positives due to medications or errors in handling samples.
You Weren’t Driving
California’s DUI laws require the prosecution to prove you actually and intentionally drove a car while intoxicated. Simply being inside the car may not be enough to prove you were driving.
If you weren’t in the driver’s seat or your keys weren’t easily accessible, your lawyer could argue your behavior doesn’t constitute driving.
Illegal Police Stop
The police can’t randomly stop motorists just to check for sobriety. They must have reasonable suspicion to pull someone over for suspected intoxicated driving.
If the police illegally pulled you over or otherwise violated your rights during the traffic stop, your lawyer could petition to suppress evidence or have the case dismissed entirely.
Contact a Marijuana DUI Lawyer Serving Reseda Today
Even a first-time marijuana DUI can have negative outcomes, so you should defend yourself as much as possible. An experienced Reseda marijuana DUI lawyer can serve as your legal advocate and work to secure the best possible outcome in your case.
Contact Los Angeles DUI Attorney or call today to learn more.
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