Marijuana DUI

Being charged with a marijuana DUI in California is a serious offense, carrying many of the same penalties as driving under the influence of alcohol. Unlike alcohol-related DUIs, however, proving marijuana impairment involves unique challenges for law enforcement and prosecutors, as the presence of marijuana in the body does not directly correlate with an individual's level of impairment.

How Are Marijuana DUIs Prosecuted?

A marijuana DUI is typically prosecuted under California Vehicle Code Sections 23152(f) and 23152(g), which make it illegal to operate a vehicle while impaired by drugs, including marijuana. If law enforcement suspects a driver is under the influence of marijuana, they may conduct a traffic stop and assess the individual for signs of impairment. This often involves a field sobriety test followed by the collection of blood or urine samples for toxicology analysis.

Unlike alcohol DUIs, where a blood alcohol concentration (BAC) of 0.08% or higher serves as a clear legal standard, there is no established equivalent for marijuana impairment in California. Traces of THC, the psychoactive compound in marijuana, can remain in the bloodstream for days or even weeks after consumption, making it difficult to determine whether an individual was truly impaired at the time of driving. Because of this, prosecutors often rely on subjective observations by officers, such as erratic driving or physical signs of impairment, alongside toxicology reports.

Challenges in Proving Impairment

Proving impairment in marijuana DUI cases is one of the most complex aspects of prosecution. Unlike alcohol, no scientific consensus exists to define an exact amount of THC that reliably indicates driving impairment. Furthermore, individuals who use marijuana regularly or for medicinal purposes may have higher baseline THC levels in their systems without showing any signs of impairment.

Additionally, field sobriety tests are not always reliable indicators of marijuana impairment. For example, certain conditions unrelated to marijuana use, such as fatigue or anxiety, could cause a driver to fail these tests. A skilled defense attorney can challenge the results of subjective evaluations, question the reliability of toxicology evidence, and highlight the lack of direct proof of impairment at the time of driving.

Potential Penalties for a Marijuana DUI

The penalties for a marijuana DUI are similar to those for an alcohol DUI and can become increasingly severe with each subsequent offense. First-time offenders may face license suspension, substantial fines, court-ordered DUI education programs, community service, and probation. Repeat offenders or those involved in accidents causing injury or death face harsher penalties, including longer license suspensions, mandatory jail time, and increased fines.

Aside from legal consequences, a marijuana DUI conviction can have lasting effects on an individual’s personal and professional life. It may hinder employment opportunities, increase auto insurance premiums, and carry a lasting social stigma.

Importance of Legal Representation

Marijuana DUI cases require a specialized understanding of both the legal system and the science behind impairment testing. An experienced criminal defense attorney can investigate whether law enforcement followed proper protocols during the arrest and testing procedures, challenge weak or unreliable evidence, and present alternative explanations for the defendant's behavior or test results.

By working with a lawyer skilled in marijuana-related defenses, individuals charged with a marijuana DUI stand a better chance of reducing or dismissing charges, minimizing penalties, or reaching a favorable outcome. With the right legal guidance, you can safeguard your rights and protect your future.