Even though medical marijuana has been legal in California, it’s still unlawful to be under the influence of marijuana and operate a motor vehicle. DUI laws are not concerned with whether or not marijuana is recreational or medical when used while driving.
Just because you have a prescription and were under the influence doesn’t mean that you can’t receive a DUI charge. Laws surrounding marijuana do tend to be complex and change regularly. Learn more about how marijuana DUIs work from our experienced lawyers.
How Police Determine Level of Impairment
When it comes to marijuana DUI, determining the level of impairment a person may have is more difficult. This is because marijuana works differently than alcohol, so the testing measures used for alcohol don’t exactly work for someone who smokes marijuana.
It is becoming a standard practice during investigations for marijuana DUI to consult with a drug recognition expert or a drug recognition evaluator (DRE). These officers have taken specialized training that determines:
- Impairment
- If a medical condition or drugs caused impairment
- If drugs caused the impairment, what class of drug it is
DRE protocol is a collection of tests that doctors have relied on for decades to evaluate drug- and alcohol-induced impairment. The evaluation takes place either directly at the scene or afterward at the police station. If a police officer reasonably suspects you to be under the influence of drugs, they’ll require that you take a blood or urine test to confirm this.
DUI and California’s Legal Marijuana Laws
In regards to DUI law, the fact that California has legalized marijuana doesn’t matter. Adults over 18 can own, ingest, and grow it, but they can’t legally drive afterward. The California Office of Traffic Safety makes it very clear that drug-impaired driving is against the law regardless if the drug was legal or not.
California Vehicle Code (CVC) § 23152 states that it’s illegal to operate a motor vehicle under the influence of any substance that impacts the nervous system, brain, and muscles. In addition, marijuana use has been shown to impair a safe and reasonable driving ability, which can endanger other people.
Penalties for Marijuana DUI in California
The penalties for marijuana DUI in California scale depending on several factors. One of the most significant factors determining the type of penalties you get is the number of prior offense DUIs you have.
First Offense
On the first offense, you could face penalties such as:
- 96 hours to six months in jail
- Fine of $390 to $1,000
- License suspension of six months
- Completion of a DUI program
If this is your first offense for a marijuana DUI, you have a chance to fight against these penalties. However, for subsequent DUIs, it becomes harder to prove your innocence.
Second Offense
For second offense marijuana DUIs, the penalties are as follows:
- 90 days to one year in jail
- Fine of $390 to $1,000
- License suspension for two years
- Completion of a DUI program
The main difference in the penalties for the second offense is the time your license gets suspended and how long you have to stay in jail.
Third Offense
Third offense marijuana DUIs incur the following penalties:
- 120 days to one year in jail
- Fine of $390 to $1,000
- License suspension for three years
- Ignition interlock device required to be in your vehicle
- Completion of DUI program
By this point, you should speak to a lawyer to learn about what legal options you have to reduce these penalties. A judge isn’t going to be lenient or sympathetic to your case, so you’ll need a strong DUI attorney to assist you.
Fourth Offense
Fourth offense marijuana DUIs have harsh penalties attached to them:
- 16 months or two to three years in state prison
- $390 to $1,000 fine
- License suspension for four years with no chance at a restricted license
- Ignition interlock device required to be in your vehicle
- Completion of a long term DUI program
Fourth offense, marijuana DUIs are felonies. This is not something you want on your permanent record as it can negatively impact your life in various ways.
When Should I Hire a Lawyer to Help Me?
Our Los Angeles DUI attorneys are available to help you right after your arrest. You should always strive to get strong legal representation as soon as possible. The longer you wait, the more critical evidence can get lost. Time is of the essence, and the law isn’t on your side.
An experienced Los Angeles DUI attorney can help you by:
- Assessing plea bargains and ensuring they’re in your best interest
- Gathering evidence that is important to your case
- Requesting additional tests on your blood or urine
- Arguing on your behalf based on your rights or flawed testing
- Representing you in court
- Consulting with experts or witnesses that support your side of the story
These may sound like things you can do on your own, but it shouldn’t be. If you don’t have strong legal experience, trying to defend yourself alone can only prove to be disastrous. Hiring a lawyer is an investment you make to ensure that you get the best results on your DUI case.
Talk to a Los Angeles DUI Lawyer Today
If you need help with your California marijuana DUI case, our Los Angeles DUI lawyers are available to help you. We offer free consultations at no risk or obligation to you. Please call us or fill out our online contact form to schedule an appointment. We are available 24/7.
