Were you recently arrested for driving under the influence (DUI) of marijuana? In recent years, the legalization of marijuana in the state of California has resulted in changes to state laws. Nowadays, it’s legal for adults to use marijuana recreationally.
However, driving under the influence of marijuana remains illegal, and a marijuana DUI can carry major consequences. At Los Angeles DUI Lawyer, we understand how overwhelming it can be to find yourself facing marijuana-related DUI charges.
However, we’re here to help as your Santa Ana DUI lawyer. For decades, we‘ve helped thousands of people like you find the right legal support—let us connect you with a Santa Ana marijuana DUI lawyer who can fight for your rights and advocate for you.
Penalties for Marijuana DUI in Santa Ana
The penalties for a marijuana DUI conviction often vary because they are typically based on the circumstances surrounding your arrest. This includes whether or not you have any prior DUI convictions or if your impaired driving resulted in a collision.
However, for first-time marijuana DUI offenders, the penalties are generally consistent with those for alcohol-related DUIs in California.
In other words, they can include the following repercussions:
- Fines: First-time offenders often face fines that range from $390 to $1,000 or more. This is in addition to administrative fees and assessments that they are required to pay. Such fines will quickly add up, making the financial burden of a marijuana DUI conviction even more significant.
- License suspension: Marijuana DUI convictions often result in a six-month suspension of your driver’s license. This suspension period can be even longer if you refused to take a chemical test or if aggravating factors are present in your case. However, you might qualify for a restricted license, which will allow you to drive for specific purposes, such as going to work or attending medical appointments.
- Probation: Many first-time offenders are placed on probation for a period of three to five years. During this time, you must comply with all court orders regarding your case, which may include an alcohol and drug education program or community service.
- DUI education program: If you are convicted of a marijuana DUI, you may be required to attend an education program. These programs typically last anywhere from three to nine months or more.
- Jail time: While a first offense marijuana DUI does not always result in jail time, it is still a possibility. If you were involved in an accident or if there are aggravated circumstances surrounding your DUI—such as a high THC concentration or prior criminal convictions—you could be sentenced to up to six months in county jail.
In addition to these legal penalties, a marijuana DUI conviction can have long-term consequences on your personal, financial, and professional life. These may include impacts on your driving record, car insurance rates, and employment opportunities.
Potential Defenses Your Marijuana DUI Attorney in Santa Ana Can Apply When Defending You Against Your Charges
Although the penalties for a marijuana DUI conviction can be very serious, there are several DUI strategies that your lawyer can explore when building a strong defense on your behalf. Here are examples of common defenses:
- No impairment: A rather common defense strategy in the face of marijuana DUI charges is that you were not impaired at the time of driving. Your lawyer might challenge the validity of the arrest by questioning whether the officer had probable cause to stop you or whether the field sobriety tests were administered properly.
- Faulty test results: Marijuana DUI charges rely on the results of blood or urine tests, but these tests are not always accurate. Your legal counsel can challenge the reliability of the testing process or argue that the results were skewed by external factors, such as a medical condition that may have affected the test results.
- Improper administration of field sobriety tests: Law enforcement is required to follow strict protocols when administering field sobriety tests. If an officer did not follow proper procedures, lacked probable cause to arrest you, or did not have reasonable suspicion to conduct the tests in the first place, the evidence might be deemed inadmissible.
- Lack of impairment evidence: Unlike alcohol-related DUIs where a clear legal limit exists—that being 0.08% BAC—there is no standard measurement for marijuana impairment in California. As a result, your marijuana DUI attorney in Santa Ana might argue that the presence of THC in your system does not necessarily indicate that you were impaired.
The Impact of Marijuana DUI on Employment and Insurance
A marijuana DUI conviction can have lasting consequences beyond the immediate legal penalties. For starters, a conviction of this kind can show up on a background check. This can hinder your ability to secure employment, particularly if the job involves operating a vehicle.
Employers often view a DUI conviction as a sign of irresponsibility, and certain positions that involve driving may be off-limits for someone with a marijuana DUI on their record. Additionally, a marijuana DUI conviction can lead to increased auto insurance premiums.
Insurance companies generally raise premiums for drivers with DUIs on their records because they are considered high-risk drivers to insure. The rate increase can last for several years, which adds a major financial burden on top of any fines or legal costs you have to pay.
Contact Us Today to Learn How Santa Ana Marijuana DUI Lawyers Can Help You With Your Case
The legalization of marijuana does not mean that driving under the influence of marijuana is allowed. As a result, the consequences of marijuana DUI charges are often severe, and a conviction of this nature may correlate to fines, license suspension, probation, or jail time.
If you have been charged with marijuana DUI, reach out to Los Angeles DUI Lawyer as soon as possible. With us by your side, you can access legal resources that can connect you with marijuana DUI lawyers in Santa Ana who have what it takes to defend you against your charges.
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