California treats alcohol and drug-related driving under the influence (DUI) charges very seriously. A marijuana DUI can result in severe legal penalties, including fines, jail time, and restrictions on your driving license.
Marijuana is the most common form of drug DUI in California. You can be arrested for DUI even if it is legal for you to possess marijuana. A Los Angeles DUI lawyer can help you learn more about this kind of DUI charge.
You can learn more by calling or filling out our online contact form.
Are Cannabis DUIs Common in California?
Out of all the different drugs that can be involved in a DUI case, marijuana is the most common, partly because it’s such a common street drug nationwide, partly because California decriminalized it, and partly because people don’t think of it as a “hard” drug like crack or LSD.
But if you are pulled over while operating your motor vehicle and have cannabis in your system, you can be convicted of driving under the influence of marijuana, resulting in potential criminal charges.
Legally, marijuana DUIs are treated just like any other drug DUI. But there are some things you should know if your case specifically involves marijuana.
You Can Face DUI Charges Despite the Legalization of Marijuana
California’s cannabis laws make it legal for adults to use marijuana medically and for recreational purposes. However, cannabis DUIs are not about the legal status of your cannabis usage. It’s about whether the influence of marijuana impaired you at the time you drove.
Drugged driving represents a serious criminal charge in California.
You Can Face DUI Charges if You Have a Prescription
California allows medical use of marijuana for those who have a prescription. However, the prescription does not give you the right to drive under the influence.
The court routinely prosecutes DUIs against people who use prescription drugs such as painkillers, and marijuana is no different.
Therefore, you may face these charges even as a medical marijuana user and even if you show the police your medical marijuana card after an arrest for impaired driving.
Why Does California Prosecute Driving Under the Influence of Marijuana?
California prosecutes individuals who operate motor vehicles under the influence of marijuana because cannabis can make it more difficult to safely operate a vehicle. Marijuana impairment may:
- Slow a driver’s reaction time
- Reduce a driver’s physical control
- Impair decision-making and increase the odds of an accident
Therefore, the police may arrest individuals if they find evidence of impairment by cannabis. In this situation, it’s important to contact a Los Angeles criminal defense attorney for professional legal assistance.
You can learn more about how marijuana affects driving with a legal team.
What’s the Legal Limit to Drive After Marijuana Usage?
California does not have an allowable legal limit to driving under the influence of drugs, including cannabis. Even the slightest degree of impairment could result in an arrest by a police officer.
However, police officers may make an arrest based on the legal presence of marijuana in your vehicle or assumptions about your level of impairment based on the smell of marijuana, even if you waited to drive until completely sober after cannabis usage.
Fortunately, you can turn to a lawyer for help as a sober person arrested for driving under the influence of marijuana.
How Do Police Officers Test for Marijuana Usage?
If the police arrest you on suspicion of a cannabis DUI, they may order chemical testing. They may request that you take a blood test or a urine test. If the lab finds THC (marijuana) in the sample, it may count as evidence of your guilt.
This evidence can become problematic if you use marijuana regularly because habitual users will have some amount of THC in their system at all times, even when sober. Your lawyer can use this information to build a defense for you.
The police may also request that you complete a field sobriety test (FST) to determine if you’re under the influence of cannabis.
Do You Have to Take a Chemical Test?
Drivers in California have to follow the state’s informed consent laws for breath, urine, and blood testing. This law requires you to submit to chemical testing after an arrest. While these tests often measure blood alcohol levels, they may also identify other controlled substances.
However, you may legally decline a field sobriety test or pre-arrest breathalyzer test if you are over 21 and not on probation. Declining a test could result in a license suspension, however, so it’s essential to consider this option carefully.
A lawyer may help you combat DUI charges even if you fail a chemical test, resulting in an arrest.
What Are the Penalties for a Cannabis DUI?
If convicted of driving under the influence of marijuana, you will face the same penalties as any other DUI defendant. The penalties for a marijuana DUI in California may include:
A License Suspension
You may face an admin per se suspension from the Department of Motor Vehicles (DMV) as soon as the police arrest you and an additional suspension by the court if convicted.
Jail Time
Jail time for DUI starts at two days in jail. However, you may end up spending six months in a county jail in some cases. It can be dramatically more or include prison time in some cases.
Mandatory Safety Classes
After a conviction, you may have to attend DUI school at your own expense. Law enforcement agencies take these charges very seriously.
Fines
Individuals convicted of a DUI for use of cannabis products may have to pay thousands of dollars in fines. These excessive costs and penalties are why the professionals urge all cannabis DUI defendants to fight their charges from the beginning.
You Can Learn More About Driving Under the Influence of Marijuana
Have you been charged with a marijuana DUI? We can connect you with an experienced Los Angeles DUI lawyer and get you a FREE consultation. Call or complete our online contact form to learn more.
