Were you pulled over and accused of driving under the influence? Did law enforcement allege that you were operating while impaired by marijuana? Even though cannabis is legal in the state of California, the justice system does not take weed-impaired driving lightly.
In fact, you might be facing DUI penalties on the same level as someone who’s been caught driving while intoxicated by alcohol. Proving your innocence might seem impossible, and you’re likely more stressed now than ever, but there’s hope, and a Van Nuys DUI lawyer can help.
At Los Angeles DUI Lawyer, we understand that marijuana DUI charges might make you feel like your life is over, but that’s not the case. We have decades of experience connecting people like you with a Van Nuys marijuana DUI lawyer who can help. We’re here for you.
The Legal Framework for Marijuana DUI Cases in California
In the state of California, driving under the influence of any drug—including marijuana—is prohibited under Vehicle Code § 23152(a). This statute states that it is unlawful to operate a vehicle while under the influence of any drug that impairs your ability to drive safely.
Now, the legal limit for alcohol is clearly defined as a blood alcohol concentration (BAC) of 0.08% or higher. Meanwhile, marijuana DUI laws do not establish a specific numerical threshold for impairment for drivers. This has everything to do with how THC is metabolized.
As the psychoactive component in marijuana, THC metabolizes differently than alcohol, and it may remain detectable in the bloodstream long after impairment has subsided. This makes proving impairment more challenging, but your Van Nuys marijuana DUI lawyers can help.
Chemical Testing and THC Levels
In marijuana DUI cases, blood tests are a very reliable way of detecting THC levels. However, interpreting THC results is not a straightforward process. Unlike with alcohol, there is no direct correlation between a person’s THC concentration and their level of impairment.
Crucially, California does not have a legal “per se” limit for THC. The legal standard for all drivers is whether they were impaired to an appreciable degree. This means that for a conviction, the prosecution must prove actual impairment, not just the presence of a specific amount of THC in your system.
Since THC can linger in the bloodstream for days—if not weeks—after the initial point of consumption, a positive test does not necessarily mean the driver was impaired at the time of driving. We can connect you with attorneys who understand how to challenge evidence and defend your rights.
Legal Consequences of Marijuana DUI in Van Nuys
Marijuana DUI offenses in Van Nuys carry serious consequences that are similar to those imposed when people are convicted of alcohol-related DUI charges.
The severity of the penalties that you end up facing will depend on factors such as any prior DUI convictions, whether or not you caused an accident or injuries, and whether any aggravating circumstances are involved in your case.
These are examples of penalties you could face for a first-time misdemeanor marijuana DUI:
- Up to six months in county jail
- Fines ranging from $390 to $1,000 plus additional assessments
- Mandatory attendance in a DUI education or drug treatment program
- Driver’s license suspension for up to six months
- Possible restricted license eligibility
- Probation that lasts for several years
Repeat offenses or DUIs involving injuries could lead to enhanced penalties, longer jail sentences, or felony charges. For example, a second DUI conviction within ten years can lengthen your jail time, increase your fines, and expand the license suspension period.
The Challenge of Proving Marijuana Impairment in Court
A major challenge for Van Nuys marijuana DUI lawyers is defending you against proof that you were impaired at the time of the incident. However, it’s also difficult for prosecutors to prove that you were impaired in the first place because THC metabolizes differently than alcohol.
As a result, showing a precise level of impairment requires more than chemical tests alone. Courts often rely on a combination of factors, including:
- Officer observations and field sobriety test results
- Statements from the driver or passengers at the scene
- Presence of marijuana or paraphernalia, either in the vehicle or on the driver
- Testimonies from professionals regarding the effects of THC
In some cases, your defense may argue that you were not impaired despite testing positive for THC. Conversely, prosecutors may emphasize signs of impairment, driving behavior, and any related accidents or injuries connected to your driving behavior.
Contact Us Today to Connect With Van Nuys Marijuana DUI Lawyers
Being charged with a marijuana-related DUI can be confusing, stressful, and frightening. This is often especially true when you consider the evolving legal landscape surrounding cannabis use and what it means in terms of your case.
If you or someone close to you is facing charges of this nature, you should know that you don’t have to go through this experience on your own. The consequences of a marijuana DUI can be just as serious as alcohol-related offenses, so your charges require careful attention to detail.
That’s where Los Angeles DUI Lawyer can help. We have connections with marijuana DUI attorneys in Van Nuys, and we can provide you with resources as you move through the legal process.
Don’t wait any longer to get the information and support you need. We’re here for you.
