Can I Get a DUI for Using Legal Marijuana in California?

When most people hear the phrase “DUI,” the first thing that comes to mind is drunk drivers. However, in California, you can receive a DUI for driving while “under the influence” of any drug, including legal marijuana. And while it is legal for adults over the age of 21 in California to possess and smoke marijuana for personal use, it is illegal for a driver or a passenger to smoke marijuana while in a moving vehicle.

How Can a Police Officer Tell if I Was Under the Influence of Marijuana?

First, a police officer must have “reasonable suspicion” of some kind of crime or traffic violation to pull you over. But the reason you were stopped does not have to be related to marijuana – it can be something as simple as having a blinker out or missing a stop sign.

After being stopped by a police officer, you may be arrested if they have “probable cause” to believe you are under the influence of marijuana or another drug. A few possible reasons could include:

• If you admit to having smoked marijuana before driving.
• If you fail a field sobriety test.
• If you show signs of impaired driving before the stop, such as swerving between lanes.
• If you display other visible indications of intoxication, such as a slowed reaction time or slurred speech.

If you are arrested for a DUI related to marijuana, an experienced attorney can help you challenge the officer’s reason for the arrest. If the officer did not have “probable cause” to arrest you, it may support your defense or lead to the charges against you being dropped.

Can I Be Tested for Marijuana Intoxication at a Police Station?

Yes. If you are arrested for a DUI in California, the police may administer a blood, breath, or urine test at the station. Refusal to consent to a test at the station could lead to an automatic driver’s license suspension of one to three years.

However, current drug testing technology cannot accurately tell whether the active ingredient of marijuana (THC) detected in the bloodstream is from recent use. Therefore, a test may show a “positive” for marijuana, even if you last smoked or consumed it days or even weeks before driving.

An attorney can help you challenge the accuracy of any drug test taken at a police station.

Do the Consequences of a DUI From Marijuana Differ From Those of a DUI From Alcohol?

No. The same legal penalties apply to any “driving under the influence” charge, whether the offense was due to alcohol or marijuana. First-time offenders can receive up to six months in jail, a license suspension of up to six months, and a fine of up to $1,000. Maximum penalties increase with a second or third offense.

How Can I Defend Against a DUI Charge?

There are several ways to defend against a DUI charge, including:

• Showing that a police officer did not have a good reason to believe you were intoxicated during the traffic stop.
• Challenging the accuracy of a field sobriety test given at a traffic stop.
• Challenging the accuracy of the drug test for THC given at a police station.

A knowledge criminal attorney in Los Angeles, CA, can review your case to identify your strongest defenses against a marijuana DUI charge. If you or a loved one has been arrested for a DUI offense involving legal marijuana use, the Chambers Law Firm will fight for your rights. It’s essential is to have the right criminal defense attorney on your side if you are facing a DUI. Contact Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com for a free legal consultation.