California legalized marijuana in 2016, but it is still illegal to drive while under its influence. DUI rules apply to both recreational and medical marijuana. Having a prescription does not protect you from a DUI charge if you are caught driving while impaired.
A marijuana DUI lawyer in West Covina will help you understand your legal options.
Marijuana laws can be complex and frequently change. Contact Los Angeles DUI Lawyers, and we will connect you with a trusted DUI lawyer in West Covina who can assist you.
Work With a Local Marijuana DUI Attorney in West Covina
A lawyer based in your area has in-depth knowledge of California’s marijuana DUI laws and how they impact legal cases. Working with a local attorney can strengthen your defense and increase the likelihood of a better outcome.
A West Covina marijuana DUI lawyer is well–versed in the local court system, legal processes, and specific regulations affecting your case. Their familiarity with judges and prosecutors is beneficial when seeking reduced charges or alternative sentencing options.
How California Law Defines Marijuana DUI Offenses
In California, a marijuana DUI occurs when a driver operates a vehicle while impaired by marijuana, making it unsafe to drive. California Vehicle Code 23152(f) states that it’s illegal to drive a vehicle under the influence of a narcotic or controlled substance.
Unlike alcohol-related DUIs, there is no set legal limit for THC, the active compound in marijuana. Instead, police officers assess impairment through observations, field sobriety tests, and, in some cases, blood or urine tests to determine if a driver is under the influence.
Determining the Level of Impairment
Proving impairment in a marijuana DUI case is more complicated than with alcohol because marijuana affects individuals differently, and standard alcohol tests like breathalyzers don’t detect marijuana intoxication. This makes it harder to measure whether a driver is impaired.
Police officers determine marijuana impairment based on several factors, including:
- Driving behavior: Swerving, speeding, driving too slowly, or other erratic movements can be signs of impairment.
- Your statements: Admitting to using marijuana before driving or saying you feel high can be used as evidence. Statements from others at the scene may also be considered.
- Recent marijuana use: Visible smoke, a strong marijuana odor, or possession of the substance in the car may suggest recent use.
- Field sobriety tests (FSTs): Tasks like walking in a straight line, balancing on one leg, or following instructions assess coordination and focus. Poor performance may be seen as a sign of impairment.
- Physical signs: Red or bloodshot eyes, trouble focusing, delayed responses, or confusion may indicate impairment.
If a police officer has reasonable suspicion that you are under the influence of marijuana or another drug, they can ask you to take a blood or urine test to confirm whether substances are in your system.
California Marijuana DUI Penalties
The penalties for driving under the influence are the same whether the impairment is caused by alcohol, marijuana, or another drug. Under California law, DUI charges apply regardless of the substance involved, and the consequences remain unchanged.
In California, the penalties that may apply to your marijuana DUI case are:
|
Offense |
Jail Time |
Fines |
License Suspension |
Additional Penalties |
|
First Offense |
96 hours to six months |
$390 to $1,000 |
six months |
completion of a DUI education program |
|
Second Offense |
90 days to one year |
$390 to $1,000 |
two years |
completion of a DUI program |
|
Third Offense |
120 days to one year |
$390 to $1,000 |
three years |
completion of a DUI program and IID required in the vehicle |
|
Fourth Offense |
16 months to three years (prison) |
$390 to $1,000 |
four years (no restricted license) |
completion of a long-term DUI program and IID required |
After carefully examining the details of your case, a West Covina marijuana DUI lawyer can identify which penalties you may be facing based on factors like prior offenses, the level of impairment, and any aggravating circumstances.
The Benefits of Working With an Experienced West Covina Marijuana DUI Attorney
Dealing with a marijuana DUI charge can be overwhelming, and it’s hard to know what steps to take. The best first move is to consult with an attorney. They’ll provide you with the information you need to understand your case and help you make informed decisions moving forward.
Your marijuana DUI attorney in West Covina will:
- Gather important evidence to support your case
- Review plea deals to ensure they are in your best interest
- Protect your rights throughout the process
- Request additional testing of your blood or urine samples
- Dispute any errors in the testing results
- Work with experts or witnesses who can support your side of the story
- Represent you in court and legal matters
Talk to a Marijuana DUI Lawyer in West Covina
We can connect you with West Covina marijuana DUI attorneys who can help after your arrest. Get strong legal support quickly. Waiting too long can result in the loss of vital evidence, which may negatively impact your case.
Our goal is to connect you with a West Covina DUI attorney who can manage your case. By sharing a few key details, we’ll pair you with an attorney from our network of qualified, pre-screened professionals.
