In California, it is against the law to drive a car while under the influence of marijuana. If you are charged with marijuana driving under the influence (DUI), take action. Partner with a San Diego marijuana DUI lawyer to contest your charge.
Let a San Diego DUI lawyer evaluate your marijuana driving under the influence case. Choose an attorney who has years of DUI case experience, as they can help you prepare a compelling argument. Speak to a Los Angeles DUI lawyer today.
What Is a Marijuana DUI?
A marijuana DUI relates to California Vehicle Code 23152(f). In accordance with this code, it is illegal to drive a car while under the influence of a controlled substance or narcotic. The police could charge you with marijuana driving under the influence based on the following criteria:
- You are under the influence of marijuana.
- You are driving a car.
- Your use of marijuana disrupts your physical or mental abilities to the point where you cannot operate a vehicle in the same way a reasonable person could under similar circumstances.
Consult with a San Diego marijuana DUI attorney if you are arrested for marijuana driving under the influence. Your lawyer can teach you about DUIs and California’s legal marijuana laws relative to your case. Meet with a Los Angeles DUI lawyer.
San Diego Marijuana DUI Penalties
A marijuana DUI can be punished as a misdemeanor or a felony. A marijuana DUI lawyer serving San Diego can explain how the court will view your case and the ramifications that come with a conviction. Below are details about penalties for marijuana DUI in California for a first, second, or third offense.
First Offense
A first-time marijuana driving under the influence conviction can result in a jail sentence of up to six months and a fine of up to $1,000. The court could require you to attend DUI school for nine months and put you on probation for a maximum of five years. In addition, you are subject to a minimum driver’s license suspension of six months.
Second Offense
The penalties escalate the second time you are convicted of a marijuana DUI. At a minimum, you will receive 96 hours of jail time. You could also be required to attend DUI school for up to 30 months, a suspension of your driver’s license for two years, and other penalties.
Third Offense
The third time you are convicted of marijuana driving under the influence can result in a minimum jail sentence of 120 days. Along with a jail sentence, this conviction could lead to a driver’s license suspension that lasts three years and additional penalties.
A fourth marijuana DUI conviction can be classified as a felony if you were convicted three times previously in 10 years. Your lawyer can share information about what it means to be convicted of a felony. They can provide tips for defending against a felony fourth DUI charge.
What to Do If You Have Been Arrested for a Marijuana DUI
Hire a marijuana DUI attorney serving San Diego within days of your arrest. Your lawyer understands how marijuana affects driving and why the police could charge you with driving under the influence. They can describe legal strategies you could use to fight back against your charge, such as:
Showing That the Police Did Not Have Probable Cause
The police must have a legitimate reason for stopping your car and arresting you for driving under the influence. Your lawyer can argue that there was no probable cause for your traffic stop. If your attorney succeeds, the court could agree about the lack of probable cause in your California DUI case, resulting in a dismissal of the charge against you.
Questioning the Validity of Your Blood or Urine Test Result
Police officers could have made mistakes when they administered your blood or urine test, leading to an inaccurate result. Your attorney can highlight these errors in their argument. In doing so, they could compel the court to provide you with a favorable ruling.
Raising Doubts About the Evidence Against You
The prosecution could argue that the police reported a strong odor of marijuana at the time of your arrest. Beyond this, the prosecution lacks sufficient evidence. In this scenario, your lawyer could say there is not enough evidence to warrant a conviction.
Depending on your marijuana DUI case, the prosecution could propose a plea deal. With DUI plea bargains, defendants may avoid jail time and other severe penalties. Your lawyer will let you know if a plea agreement is an option and, if so, can advise you on whether to approve, reject, or counter a proposal.
Keep Your Freedom — and Your Driver’s License — with Help from San Diego Marijuana DUI Lawyers
A marijuana driving under the influence conviction is punishable under California law. This conviction can show up on your criminal record and hamper your ability to enjoy your life to the fullest extent. Rather than risk a conviction, look for San Diego marijuana DUI attorneys who will represent your best interests and legal rights as you dispute your criminal charge.
Select a Los Angeles DUI lawyer to help you deal with the aftermath of a marijuana driving under the influence arrest. A marijuana DUI attorney who has handled thousands of cases can tackle the legal challenges you could face. Discuss your case with a DUI lawyer.
