While marijuana is legal for medical use in California, it is still prone to the same restrictions as other prescription medication. If a driver has consumed marijuana and gotten behind the wheel of a car, they may be arrested on suspicion of DUI with marijuana. The law assumes that any driver using any substance, prescription or otherwise, is not fit to drive.
What do I need to know about DUI marijuana?
One of the biggest problems in prosecuting drivers that are found to have used marijuana is determining what amount of the drug constitutes impairment. Unlike blood alcohol content, there is no specific amount of THC in the bloodstream that is made illegal under California law.
In order for a driver to be found guilty of driving under the influence of marijuana, it must be proven that the accused drove a vehicle under the influence of marijuana, and it was due to this marijuana that they were unable to exercise the same caution that a sober person would not have
When a driver has been accused of DUI marijuana, they face:
- Three to five years of informal probation
- Up to six months in jail
- A $1,000 fine
- Six month driver’s license suspension
The penalties for a DUI with marijuana are the same as ones involving alcohol.
There are a few defenses to those that have been accused of driving under the influence of marijuana. A defense attorney can help show the prosecution that the accused was not driving the vehicle, marijuana was not used, the driver was no longer high when they drove the car, or the driver’s ability to drive the car was not impaired by their marijuana use.
If you or a loved one have been accused of DUI marijuana, you need defense attorneys that have a history of successful case results. Our firm’s attorneys have attended to over 200 jury trials and have hundreds of cases dismissed. How can we help you? Contact us to learn more!