A marijuana DUI (Driving Under the Influence) charge occurs when police catch a person driving under the influence of marijuana, impairing their ability to operate a vehicle safely. If you face this charge, immediately contact a skilled criminal defense lawyer who regularly handles DUI cases.
A knowledgeable DUI defense lawyer can review the evidence, challenge the legality of the traffic stop, assess the accuracy of drug testing, and help build a strong defense. They can negotiate reduced charges or a more favorable outcome, minimizing potential penalties and collateral consequences.
What is a Marijuana DUI Charge?
A marijuana DUI charge occurs when a person operates a vehicle while impaired by marijuana, making them unable to drive safely. Just like alcohol, marijuana affects a person’s ability to concentrate, make quick decisions, and react quickly, which are essential skills when driving.
If a law enforcement officer suspects that a driver is under the influence of marijuana, they may conduct tests to determine if marijuana impaired the driver.
To obtain a conviction for a marijuana DUI, a prosecutor must prove several key elements beyond a reasonable doubt.
- First, they must establish that the accused (the defendant) drove or controlled a vehicle. This means the person must have operated the car or was in a position to do so, such as by sitting behind the wheel with the engine running.
- Next, the prosecutor must establish that the defendant was under the influence of marijuana at the time of driving. Unlike alcohol, which is measured by blood alcohol content (BAC), marijuana impairment is more difficult to measure. This is because THC – an active ingredient in marijuana – can remain in the body for days or weeks after use, even if it doesn’t currently impair the person. Prosecutors may use a combination of evidence to show impairment, including:
- Field Sobriety Tests: Officers may ask the driver to perform tasks like walking in a straight line or balancing on one leg. Difficulty completing these tasks may suggest impairment.
- Blood or Urine Tests: In some cases, law enforcement may take a sample of the driver’s blood or urine to test for THC levels. However, the presence of THC alone doesn’t necessarily mean the driver was impaired at the time of driving.
- Officer Observations: The prosecutor will also rely on the testimony of the officer who made the arrest. If the officer observed signs of marijuana use – such as the smell of marijuana, bloodshot eyes, or the driver’s behavior showing slow reactions – this can be used as evidence.
Finally, the prosecutor must show that the defendant’s impairment from marijuana affected their ability to drive safely. The prosecutor must show that the impairment was significant enough to cause unsafe driving behavior, such as swerving, speeding, or other actions that endanger public safety.
Potential Legal Penalties for a Marijuana DUI Conviction
If a court convicts you of a marijuana DUI, the legal penalties you can face vary depending on where you live, your prior driving record, and whether anyone suffered an injury as a result of your impaired driving.
However, a person convicted of a marijuana DUI may face several common penalties, including:
- Monetary Fines: One of the most common penalties for a marijuana DUI conviction is a fine. The amount can range from a few hundred dollars to several thousand dollars, depending on the state and the circumstances of the case. In some cases, the fine may increase due to aggravating factors, such as driving with a child passenger or causing an accident.
- License Suspension or Revocation: In most states, a marijuana DUI conviction can lead to a suspension or revocation of your driver’s license. A suspension typically lasts from a few months to a year, while a revocation may result in a permanent loss of driving privileges. Some states may allow for a restricted license, which permits you to drive only for specific purposes, like work or school, during the suspension period.
- Jail or Prison Time: For a first-time marijuana DUI offense, jail time is usually not a certainty, but it is still a possibility. A conviction can result in a few days to a few months in jail – especially if the offense involved aggravating factors such as reckless driving or an accident. For repeat offenders or those with more serious charges, the penalties can increase, with the possibility of longer jail or even prison sentences.
- Probation: In many cases, a marijuana DUI conviction may result in probation instead of jail time. Probation is a form of supervised release where you must comply with certain conditions set by the court, such as attending counseling, performing community service, or submitting to regular drug tests. Violating the terms of probation can lead to further legal consequences, including jail time.
- Alcohol and Drug Education or Treatment Programs: Some states require individuals convicted of a marijuana DUI to complete an alcohol and drug education or treatment program. These programs aim to help individuals understand the risks of impaired driving and make lifestyle changes to prevent future offenses.
- Increased Penalties for Subsequent Offenses: If courts convict you of a marijuana DUI more than once, the penalties tend to increase. You may face longer license suspensions, higher fines, more extended probation periods, and even longer jail sentences.
Common Collateral Consequences of a Marijuana DUI Conviction
A marijuana DUI conviction can have several collateral consequences, indirect effects that can affect different aspects of your life beyond the legal penalties. These consequences can make it harder to find work, maintain relationships, and even affect your personal reputation.
Here are some of the most significant collateral consequences that can follow a marijuana DUI conviction:
- Employment Challenges: A marijuana DUI conviction can hurt your job prospects. Many employers require background checks as part of the hiring process, and a DUI on your record can make it harder to land certain jobs. Jobs that require driving, such as delivery or transportation work, may be off-limits if your license is suspended. Additionally, some employers may view a DUI conviction as a sign of poor judgment or irresponsibility, which can affect your chances of being hired, even in non-driving jobs.
- Higher Insurance Costs: After a marijuana DUI conviction, your car insurance rates are likely to increase. Insurance companies often raise rates for drivers with a DUI conviction on their record because they are considered higher risk. This can lead to significantly higher premiums, sometimes for several years, making it more expensive to own or drive a vehicle.
- Academic Consequences: If you’re a student, a marijuana DUI conviction can have academic repercussions. Some schools or universities may take disciplinary action against students convicted of a DUI, which can result in suspension or expulsion. A DUI conviction may also affect your eligibility for scholarships, financial aid, or certain extracurricular activities, as schools may have policies that require students to maintain a clean legal record.
- Immigration Issues: For non-citizens, a marijuana DUI conviction can create serious immigration issues. In some cases, a DUI can constitute a criminal offense that may lead to deportation or difficulty renewing visas or green cards. Even if the government does not deport you, a DUI conviction can affect your ability to gain legal status.
- Effect on Family and Personal Relationships: A marijuana DUI conviction can strain personal relationships. Family members and friends may view you differently or lose trust in you, especially if your impaired driving puts others at risk. In some cases, a DUI conviction can affect child custody arrangements or visitation rights if your behavior poses a threat to the safety of your children.
Steps to Take When Facing a Marijuana DUI Charge
If you face a marijuana DUI charge, take the situation seriously and take proactive steps to protect your rights and minimize the potential consequences.
Here are some key actions you should take if you find yourself in this situation:
- Retain a Knowledgeable Criminal Defense Attorney: One of the most important steps is to hire an experienced criminal defense attorney who regularly handles DUI cases – particularly marijuana-related offenses. A skilled attorney will understand the nuances of marijuana DUI laws in your state and can provide the best legal defense. They can explain the charges against you, assess the strength of the evidence, and guide you through the legal process. Your lawyer will also work to challenge any evidence that may have been improperly obtained, such as faulty field sobriety tests or inaccurate drug test results. An attorney can negotiate with prosecutors for reduced charges or a lighter sentence or help you prepare for trial if necessary.
- Understand the Legal Process and Potential Penalties: Once you hire an attorney, they will educate you about the legal process and the penalties you may face. Your lawyer will explain the potential outcomes of your case, including the likelihood of a conviction, possible fines, license suspension, or even jail time. Understanding the potential penalties can help you make informed decisions about how to proceed, whether it’s negotiating a plea deal, seeking a reduction in charges, or going to trial.
- Gather Evidence and Review Your Case: Your attorney will gather and review all relevant evidence to build your defense. This includes examining police reports, witness statements, and the results of field sobriety tests or blood tests. If the police did not follow proper procedures or if there are inconsistencies in the evidence, your attorney can challenge it in court. The goal is to identify any weaknesses in the prosecution’s case that may lead to a dismissal or reduced charges.
- Consider Attending Drug Treatment or Education Programs: In some cases, completing a drug education or treatment program before your court date can show the judge that you are taking responsibility for your actions and are committed to addressing any substance use issues. This proactive step may help reduce your sentence if convicted and show that you are trying to prevent future offenses.
- Prepare for the Court Hearing: If your case goes to trial or to a hearing, your attorney will help you prepare. They may advise you on what to expect in court, how to behave, and how to answer questions. They will also represent you during the hearing, presenting your defense and arguing for a favorable outcome.
Successfully Defending Against a Marijuana DUI Charge
If you face a marijuana DUI charge, your attorney may raise several legal defenses to challenge the prosecution’s case and protect your rights:
- Lack of Probable Cause for the Traffic Stop: For a DUI charge to be valid, law enforcement must have a legal reason to stop your vehicle. If the officer did not have reasonable suspicion or probable cause – such as witnessing erratic driving, speeding, or another traffic violation – the court may deem the stop unlawful. If police cannot justify the stop, the court may toss out any evidence obtained afterward, including field sobriety tests or blood tests. A skilled defense attorney will investigate the traffic stop and may argue that it was unlawful.
- Improper Administration of Field Sobriety Tests: Police use field sobriety tests (FSTs) to assess whether a driver is impaired. However, these subjective tests are not always reliable. Factors such as poor weather, uneven road conditions, or physical disabilities can affect a person’s performance on these tests. Additionally, the officer’s training and experience play a role in how they administer the tests. If the officer did not properly conduct the FSTs or if you performed poorly for reasons unrelated to impairment, your attorney may argue that the results were inaccurate.
- Inaccurate or Unreliable Drug Testing: Unlike alcohol, which is measured by blood alcohol content (BAC), marijuana impairment is harder to measure. THC, the active ingredient in marijuana, can remain in your system long after the effects have worn off. Blood or urine tests may show the presence of THC, but that does not necessarily mean you were impaired at the time of driving. A Marijuana DUI defense lawyer may argue that the test results do not reflect current impairment – especially if you consumed marijuana days or weeks prior to the arrest.
- Medical Conditions or Other Factors: Certain medical conditions, such as neurological disorders or inner ear issues, can cause symptoms similar to impairment, such as difficulty balancing or a lack of coordination. Additionally, some medications or other substances can interact with marijuana and lead to impaired driving-like behavior. Your defense attorney may argue that your symptoms were due to a medical condition or medication, not marijuana use.
Talk With a Knowledgeable Criminal Defense Attorney Today
If you face a marijuana DUI charge, a knowledgeable Orange County criminal defense attorney can help you. Your lawyer will determine your eligibility for raising one or more legal defenses to your charge and can represent you during all legal proceedings, including your trial or sentencing hearing. Your attorney will do everything possible to secure a favorable result in your case.