DUI stands for driving under the influence, and you can get a DUI for marijuana in Orange County, California. While California has legalized recreational marijuana, it is still illegal to drive under its influence.
If police believe marijuana impaired your driving, they can arrest you for a DUI. Unlike alcohol, there is no legal limit for THC (an active ingredient in marijuana), so the prosecution must prove that the drug impaired your ability to drive. If convicted, you can face penalties like fines, license suspension, and possible jail time.
A skilled California DUI defense attorney can represent you throughout your case, advocate one or more legal defenses on your behalf, or pursue a favorable plea deal from the state prosecutor.
What Is DUI for Marijuana in Orange County, CA?
To convict someone of a marijuana DUI in Orange County, California, the prosecutor must prove certain key elements beyond a reasonable doubt.
These elements show that marijuana impaired the driver and presented a danger to others.
- The accused (defendant) was driving a vehicle.
The first element the prosecutor must prove is that the person accused was actually driving a vehicle, which means the individual must have been in control of the car’s movement, even if they were just steering or moving a short distance. - Marijuana impaired defendant while driving.
The prosecutor must show that the driver was impaired by marijuana at the time they were driving. Unlike alcohol DUI cases, where there is a legal limit for blood alcohol concentration (BAC), there is no set legal limit for marijuana in California. The focus is on whether the driver’s mental and physical abilities were impaired to the extent that they can no longer drive as a sober person would under similar circumstances. - Impairment affected the ability to drive safely.
The prosecutor must also prove that the marijuana use negatively affected the defendant’s ability to drive safely. This impairment can show up as slow reaction times, poor coordination, inability to focus, or bad decision-making while behind the wheel. Evidence can include erratic driving, failing field sobriety tests, or witness testimony about the driver’s behavior.
The prosecutor may rely on evidence to prove these key elements, including:
- Observations from Law Enforcement – The officer may testify about the driver’s behavior, such as swerving, driving too slowly, or appearing dazed or confused.
- Field Sobriety Tests – These tests check balance, coordination, and cognitive function, and may be used to show impairment.
- Chemical Tests – While there is no set limit for marijuana, a blood or urine test may still be used to show the presence of THC.
- Expert Testimony – The prosecution may call an expert to explain how marijuana can impair a person’s ability to drive safely.
If the prosecutor can prove all of these elements, they may secure a conviction against the accused for a marijuana DUI.
What Are the Possible Penalties and Collateral Consequences of a Marijuana DUI Conviction in Orange County?
If you are convicted of a marijuana DUI in Orange County, California, there are several penalties and collateral consequences you may face. The penalties depend on whether it is your first offense or if you have prior DUI convictions, but even a first-time offense can have serious repercussions.
Possible Penalties for a Marijuana DUI Conviction
- Fines and Fees – If convicted, you will likely have to pay significant fines. On average for a first-time offense, fines can range from $390 to $1,000. There are also court fees and penalty assessments that can make the total amount much higher.
- License Suspension – A marijuana DUI conviction typically results in a driver’s license suspension. For a first offense, the state can suspend your license for six months. If it is your second or third offense, the suspension period can increase.
- Probation – In many cases, the state may place you on probation for three to five years. During probation, you must comply with certain conditions, such as not driving with any measurable amount of marijuana in your system, attending DUI classes, or avoiding further legal trouble.
- DUI School – If convicted, you will likely have to attend DUI education programs. The length of these programs varies, but for a first offense, you may need to complete a three-month program.
- Jail Time – While jail time is not always mandatory for a first-time marijuana DUI, it is possible. For a first conviction, you can face up to six months in county jail. With multiple offenses, the jail time can increase.
Collateral Consequences
- Increased Insurance Rates – Following a DUI conviction, your auto insurance rates will likely skyrocket. Insurance companies view DUI convictions as a sign of high risk, meaning you will pay much more for coverage.
- Criminal Record – A marijuana DUI is a criminal offense and will go on your record. A criminal record can affect future job prospects, especially for positions requiring driving or a clean background.
- Employment Issues – Some employers may not want to hire someone with a DUI conviction, which can be particularly true for jobs that involve driving, working with children, or holding positions of trust.
- Travel Restrictions – Certain countries, like Canada, restrict entry to people with DUI convictions. A marijuana DUI can complicate your ability to travel internationally.
A marijuana DUI conviction in Orange County can have long-lasting effects. Therefore, take legal steps to avoid or minimize these penalties.
Successfully Defending Against a Marijuana DUI Charge in Orange County
Successfully defending against a marijuana DUI charge in Orange County, California, requires a strong legal strategy.
A skilled attorney can use several potential defenses to challenge the charges. The goal of these defenses is to cast doubt on the prosecution’s evidence, weaken their case, or show that police violated your rights.
Legal Defenses Against a Marijuana DUI
- No Proof of Impairment – One of the most common defenses is that insufficient proof shows you drove while impaired. California sets no legal limit for marijuana, unlike alcohol, so the prosecution must prove that you drove while impaired. If you appeared to drive normally, passed some field sobriety tests, or the police produced no solid evidence of impairment, your marijuana DUI defense attorney can argue that you did not drive while impaired.
- Inaccurate Field Sobriety Tests – Field sobriety tests (FSTs) can assess impairment, but they are not always reliable. Nerves, weather, or medical issues can affect your performance on these tests. If the police did not conduct the FSTs properly or if the officer misinterpreted the results, your lawyer can argue that the court should invalidate the evidence of impairment.
- Inaccurate Chemical Testing – Police commonly use chemical tests, such as blood tests, to detect THC levels in your system. However, THC can stay in the body for days or even weeks after marijuana use, so a positive test does not necessarily prove you drove while under the influence. Your attorney can challenge the accuracy of these tests or how the police administered them.
- Unlawful Traffic Stop – If the police pulled you over without reasonable suspicion, they may have conducted an illegal traffic stop. Police need a valid reason to stop a driver, such as speeding or swerving. If your lawyer can show that the police unlawfully stopped you, the court may throw out any evidence obtained during the stop.
- Violation of Your Rights – If the police violated your rights during the arrest or investigation, such as not reading you your Miranda rights, your marijuana DUI defense attorney can use this defense to reduce or dismiss your charges.
Plea Deals Versus Trials in an Orange County Marijuana DUI Case
When facing a marijuana DUI charge in Orange County, California, you may have two primary options: accepting a plea deal or going to trial. Each choice has its pros and cons, and the decision depends on your situation and the strength of the evidence against you.
Plea Deals
A plea deal is an agreement between you and the prosecutor where you agree to plead guilty or no contest to the charges, usually in exchange for a lighter sentence.
In a marijuana DUI case, a plea deal may mean pleading to a lesser charge, such as reckless driving, or agreeing to reduced penalties like shorter probation, lower fines, or avoiding jail time.
Pros of Plea Deals
- Less Time-Consuming – Plea deals can resolve your case more quickly than a trial, allowing you to move on with your life faster.
- Lower Penalties – In many cases, plea deals offer reduced penalties compared to what you may face if you are convicted at trial.
- Certainty – By accepting a plea deal, you avoid the risk of harsher penalties that may be imposed if you lose at trial.
Cons of Plea Deals
- Permanent Criminal Record – Pleading guilty or no contest will result in a criminal record, possibly affecting future employment opportunities and other aspects of your life.
- No Chance of Acquittal – By taking a plea deal, you give up your right to a trial and the chance to be found not guilty by a jury.
Going to Trial
If you decide to go to trial, you choose to fight the charges in court. At trial, both sides present evidence, and a judge or jury decides your guilt or innocence. If you win, the court will dismiss the charges.
If you lose, you may face the full penalties for a marijuana DUI.
Pros of Going to Trial
- Chance of Acquittal – If the evidence against you is weak, going to trial gives you the opportunity to be found not guilty, avoiding any penalties or a criminal record.
- Challenge Evidence – At trial, your attorney can challenge the prosecution’s evidence, including field sobriety tests, chemical tests, or the legality of the traffic stop.
Cons of Going to Trial
- Time and Expense – Trials are time-consuming and expensive, often requiring more court appearances and legal fees.
- Risk of Harsher Penalties – If you lose at trial, you may face more severe consequences than you would have received in a plea deal.
You should choose between a plea deal and a trial after discussing the facts of your case with an experienced attorney.
How Can a Lawyer Help if You Face a Marijuana DUI Charge in Orange County?
If you face a marijuana DUI charge in Orange County, California, an experienced defense lawyer can significantly improve the outcome of your case.
An attorney can help in several key ways, working to achieve the best possible result.
- Legal Knowledge and Experience – An attorney who regularly handles DUI cases in Orange County understands the specific laws related to marijuana and driving in California. For example, DUI cases involving marijuana are different from alcohol-related DUIs, as there’s no legal THC limit as there is for blood alcohol concentration. A knowledgeable attorney knows how to handle these differences to build a strong defense.
- Investigating the Traffic Stop – One of the first things a marijuana defense defense lawyer will do is examine the circumstances surrounding your traffic stop. Police officers must have a valid reason, such as erratic driving or a broken traffic law, to pull you over. If your lawyer finds that the officer did not have a reasonable cause to stop you, they can argue that any evidence collected afterward should be dismissed, which can significantly weaken the prosecution’s case and may lead to the charges being reduced or dropped.
- Challenging Evidence – A marijuana defense lawyer will also carefully review the evidence being used against you, including field sobriety tests, chemical tests, and police reports. Nervousness or medical conditions can affect the results of field sobriety tests. Similarly, blood tests showing the presence of THC don’t necessarily prove impairment when you drove, as THC can stay in your system for days. A skilled attorney can challenge the validity of this evidence to create doubt about your impairment.
- Negotiating Plea Deal – If the prosecution has obtained strong evidence against you, a lawyer can negotiate with the prosecutor to get you a plea deal, which may involve pleading to a lesser charge, like reckless driving and receiving reduced penalties. A lawyer can often negotiate better deals than you can on your own because they understand what prosecutors will offer to avoid a trial.
- Representation in Court – If your case goes to trial, a lawyer will present your defense, challenge the prosecution’s evidence, and argue on your behalf. They will aim to achieve an acquittal or, at the very least, reduce the penalties you may face if convicted.
Speak with an Experienced Orange County DUI Defense Lawyer Today
If you currently face a marijuana DUI charge in Orange County, California, an experienced criminal defense attorney will determine your eligibility for various legal defenses, represent you during all courtroom proceedings, and aggressively advocate for the best possible result in your case.our free, confidential consultation and discuss your case with us.