While cannabis is legal in California, both medicinally and recreationally, state laws make driving under the influence of any intoxicating substance a crime. Many know the dangers and penalties associated with alcohol-related DUIs, but don’t understand what happens when a driver gets a marijuana DUI.
At Chudnovsky Law, our respected team of attorneys, including former prosecutors, has ample experience helping people in Orange County challenge criminal charges and DMV license suspensions that accompany marijuana DUIs. Our defense lawyers have over 75 years of combined experience employing strategies to reduce or dismiss our clients’ charges and helping them avoid legal pitfalls that can result in lifelong consequences.
Contact us today to learn more about how our Orange County DUI attorneys can help you in your fight when the future seems uncertain.
Marijuana DUI Charges in California
With the legalization of recreational marijuana in 2016 under Proposition 64, law enforcement and lawmakers had to adapt to a new landscape. In California, the legislature made it illegal to drive under the influence of any drug, including marijuana. California Vehicle Code Section 23152(f) makes a person guilty of a DUI for driving under the influence of any drug. This includes marijuana, even if you legally obtained it for recreational or medical purposes.
An alcohol-related DUI often measures impairment by blood alcohol content (BAC) via a breath test. However, the state sets no specific legal limit for THC (the psychoactive compound in marijuana) like it did for alcohol, which makes determining impairment more challenging.
The law does not require a specific level of impairment to charge someone with a marijuana DUI, either. Instead, it requires proof that the drug impaired the driver's mental or physical abilities to the point where they could no longer operate a vehicle with the caution of a sober person.
As with all criminal cases, the state prosecutor bears the burden of proof; they must demonstrate conclusively that marijuana impaired the driver.
How Do They Test for a Marijuana DUI?
While still at the scene of the DUI arrest, law enforcement officers may use several methods to identify THC in an individual suspected of impaired driving. These methods vary in reliability and time sensitivity. As a result, police may employ more than one test.
Field Sobriety Tests (FSTs)
When a law enforcement officer suspects driving under the influence of marijuana, they may conduct field sobriety tests (FSTs) to assess the driver's balance, coordination, and ability to follow instructions. Some common FSTs include the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test.
However, FSTs do not always reliably indicate marijuana impairment. Fatigue, anxiety about taking the test, or underlying medical conditions can affect an individual's performance on these tests.
Drug Recognition Experts (DREs)
A drug recognition expert (DRE) is a law enforcement officer with specialized training to identify drug impairment in drivers. If an officer suspects driving under the influence of marijuana, they may call a DRE to the scene to conduct a more comprehensive evaluation. The DRE evaluation includes a 12-step process that involves examining the driver's vital signs, eye movement, coordination, and additional FSTs.
Chemical Tests
After a lawful arrest for DUI, the driver may need to submit to a chemical test to determine the presence of drugs in their body. In California, this typically involves a blood test, as urine tests cannot reliably detect marijuana impairment.
The blood test will measure the levels of THC and other cannabinoids in the driver's bloodstream, but the presence of THC in a person's blood does not necessarily indicate impairment. THC can remain in the bloodstream for days or even weeks after consumption, and blood tests are subject to human error and contamination, which can lead to inaccurate results.
Oral Fluid Testing
In some cases, law enforcement may use oral fluid testing devices to detect the presence of marijuana in a driver's saliva. Police do not widely use these still relatively new devices as widely as blood tests. However, they can provide quicker results and may grow more prevalent.
While these testing methods can provide some evidence of marijuana use, they do not always accurately indicate impairment. A skilled attorney, such as those at Chudnovsky Law, can challenge the validity and reliability of these test results, potentially leading to the dismissal or reduction of your marijuana DUI charges.
Penalties for Marijuana DUIs in California
The penalties for a marijuana DUI in California resemble those for alcohol-related DUIs. They may include fines, probation, suspension of your driver's license, and even jail time. The specific penalties depend on the individual's prior DUI history, the level of impairment, and other factors. For example, California statutes stipulate that a person addicted to a drug cannot operate a motor vehicle.
Again, to prove impairment or addition to a drug such as marijuana, the state prosecutor must demonstrate conclusive proof that supports the claims and charges brought against the driver. Of substantial importance is also to what extent, if any, the driver contributed to an accident or injuries to other parties.
If the prosecutor successfully proves the influence of marijuana while you drove, the court may impose these penalties.
First Offense:
- Informal probation for three to five years
- Fines ranging from $390 to $1,000, plus additional penalty assessments
- A three-month DUI program
- A six-month driver's license suspension (with a restricted license possible after 30 days)
- Possible jail time, although the court does not always impose it
Second Offense (within ten years of the first offense)
- Informal probation for three to five years
- Fines ranging from $390 to $1,000, plus additional penalty assessments
- An 18- to 30-month DUI school program
- A two-year driver's license suspension (with a restricted license possible after 90 days)
- A minimum of 96 hours in jail, up to a maximum of one year
Third Offense (within ten years of the second offense)
- Informal probation for three to five years
- Fines ranging from $390 to $1,000, plus additional penalty assessments
- A 30-month DUI program
- A three-year driver's license revocation (with a restricted license possible after 18 months)
- A minimum of 120 days in jail, up to a maximum of one year
These penalties can increase due to aggravating factors, such as causing injury or death, having a minor in the vehicle, or having a high amount of THC in the blood.
In addition, a separate Department of Motor Vehicles (DMV) hearing will determine the status of your driver's license. To avoid automatic suspension, you will need a lawyer to request a DMV hearing within ten days of your arrest.
Defending a Marijuana DUI Charge
Building a strong defense against a marijuana DUI charge requires an in-depth understanding of the law and the science behind marijuana impairment. Chudnovsky Law is experienced in defending clients charged with marijuana DUIs and uses dozens of strategies to effectively challenge the charges brought against them.
Just a few of the most common potential defense strategies for marijuana DUI charges include:
- Challenging the legality of the traffic stop: Under the Fourth Amendment, law enforcement must have a reasonable suspicion of criminal activity or a traffic violation to initiate a traffic stop. If police cannot legally justify the stop, the court may throw out any evidence they obtained during the stop.
- Questioning the accuracy of field sobriety tests: Field sobriety tests do not always reliably indicate marijuana impairment. Fatigue, nervousness, or medical conditions can affect an individual's performance on these tests. Identifying alternative causes for a person's failure on these tests could result in the court declaring them invalid as evidence.
- Disputing the results of chemical tests: The presence of THC in a person's blood does not necessarily indicate impairment. Unlike alcohol, THC can remain in the bloodstream for days or weeks after consumption, long after their effects dissipate. Additionally, blood tests are subject to human error and contamination, which can lead to inaccurate results. A DUI lawyer can turn to outside sources, including medical and forensics experts, to further investigate these tests.
- Arguing that the driver was not actually impaired: Marijuana consumption does not automatically mean an impaired driver. A skilled attorney can present evidence to show that marijuana consumption did not impair the driver.
- Presenting alternative explanations for the driver's behavior: In some cases, factors unrelated to marijuana use, such as medical conditions or distractions, may have contributed to the driver's perceived impairment. Additionally, if an accident occurred, identifying liability in other parties could show that you did not cause it. A knowledgeable attorney can present these alternative explanations to the court.
Should I Get a Lawyer for a Marijuana DUI?
If you or a loved one faces a marijuana DUI charge, don't wait to seek the assistance of an experienced criminal defense attorney. Chudnovsky Law has a team of skilled lawyers who understand the complexities of marijuana DUI cases and will work tirelessly to build a strong defense for you.
An experienced Orange County DUI defense attorney can give you much better odds of a favorable outcome and provide you with legal and emotional support during this time. However, act quickly. You have a limited time to seek assistance if you wish to present a strong defense to the court.
A dedicated attorney from Chudnovsky Law can prepare you for what's to come and advocate for you every step of the way.
What Our DUI Defense Attorneys Can Do for You
- Investigate your arrest: Our team will thoroughly examine your case, looking for any potential legal or procedural errors that could result in the dismissal of your charges.
- Advocate for your rights during the DMV hearing: We can represent you at your DMV hearing, fighting to preserve your driving privileges and prevent license suspension.
- Develop a tailored defense strategy: Our attorneys can create a customized defense strategy based on the unique circumstances of your case, taking into account prior convictions, the specific evidence against you, and any mitigating factors.
- Negotiate with the prosecution: In some cases, we can negotiate a reduction or dismissal of your charges. Our attorneys will use our knowledge of the legal system and our relationships with prosecutors to advocate for the best possible outcome for your case.
- Represent you in court: If your case goes to trial, our skilled trial attorneys will present a compelling defense for you, working to secure a not-guilty verdict or reduced penalties.
Contact an Orange County Marijuana DUI Defense Attorney
A marijuana DUI charge can have serious consequences, affecting your finances, your freedom, and your future. You need a knowledgeable and experienced legal team on your side to navigate the complex legal system.
Chudnovsky Law is committed to providing the highest level of representation to clients facing marijuana DUI charges. We proudly serve the greater Los Angeles and Orange County areas with multiple office locations for your convenience. Contact us today at (949) 750-2500 for your free, confidential consultation and discuss your case with us.