In California, the penalties for marijuana DUI are the same as those for drunk driving. Even a first offense has very tough penalties, and they get more severe for repeat offenders. All marijuana DUI convictions can carry jail time and a driver’s license suspension, as well as fines and fees that add up to thousands of dollars.
Here is our detailed breakdown of marijuana DUI penalties.
First Marijuana DUI Offense
If you have never had a DUI conviction before, or it was more than 10 years ago, you will face first time DUI consequences. These include:
- Jail sentence of 2 days to 6 months
- License suspension of at least 4 months
- A fine of up to $1,000 plus additional costs
- Probation lasting 3 to 5 years
- At least 3 months of DUI school
DUI school is a series of classes you have to complete, which you must pay for. You will need to show the court proof that you completed them or you will face additional penalties.
You will also face additional penalties (with any DUI) if you refused a blood, breath or chemical test after you were arrested.
Second Marijuana DUI Offense
If you have had any prior DUI conviction in the past 10 years (whether it was marijuana related or not), you will face second offense penalties. The 10-year period is measured from the date of the arrest.
Penalties include:
- Jail sentence of 4 days to 1 year
- License suspension of 1 year (2 years in some cases)
- A fine of up to $1,000 plus additional costs
- Probation lasting 3 to 5 years
- 18 to 30 months of DUI school
Third Marijuana DUI Offense
Penalties for a third offense DUI in 10 years include:
- Jail sentence of 6 months to 1 year
- License suspension of up to 3 years
- A fine of up to $1,000 plus additional costs
- Probation lasting 3 to 5 years
- 30 months of DUI school
Fourth (or subsequent) Marijuana DUI Offense
With a fourth DUI, there is no 10 year limit. If you have had four or more DUIs ever, you will face felony fourth DUI consequences. These include:
- Up to 16 months in state prison
- License suspension up to 4 years
- Fines and fees that may add up to $18,000
- Probation lasting 3 to 5 years
- 30 months of DUI school
- Status as a convicted felon
Marijuana DUI Causing Injury or Death
When a DUI causes injuries or even leads to someone losing their life, it may be tried as a felony regardless of whether you have prior offenses. In these cases you should review our felony DUI guide and speak to a lawyer immediately. Penalties may include years of prison time. If someone died, you could even face a DUI murder charge and the possibility of life in prison.
Have you been charged with DUI? We can connect you with an experienced Los Angeles DUI lawyer and get you a FREE consultation. Fill out the form to the right or call (310) 896-2724 and get your free consultation today.
