Proposition 64 makes it legal for adults to consume marijuana in their homes or at licensed establishments, possess up to an ounce of cannabis and grow up to six plants for personal use. The law does not change the rules for driving under the influence. You can get a DUI for driving while under the influence of marijuana.
How Does California Law Define DUI for Marijuana?
California Legal Code 23152(f) makes it a crime to drive under the influence of any drug, including marijuana. A driver violates the law when their driving is impaired to the degree that their driving skills are not the same those of as a sober person, using ordinary care and in similar driving conditions. You may assume that the officer has to witness you driving the vehicle, but it is possible to make an arrest and prove you were driving using circumstantial evidence.
Though you can be found guilty using circumstantial evidence, sitting in the driver’s seat with the engine running is not enough proof. The prosecuting attorneys must show that you performed an action that operated a vehicle with the intent of directing its movement. In California, a jury or judge determines whether the prosecutors provided enough evidence to prove beyond a reasonable doubt that you drove under the influence. As with any crime, you are innocent until proven guilty.
What Is the Legal Limit for Marijuana in California?
This is where California’s DUI laws for marijuana get tricky. There is no legal limit for the consumption of marijuana. Unlike alcohol, there is no established level of tetrahydrocannabinol — the psychoactive ingredient in cannabis — that differentiates legal versus illegal driving. There is currently no chemical test available to measure THC levels in the bloodstream reliably. Furthermore, there is no agreement on how much of the chemical is too much to allow for safe vehicle operation.
How Do Police Officers Test for Marijuana?
Marijuana detection requires a chemical test. Though drivers can initially refuse a DUI breathalyzer during a traffic stop, refusing a breath test or a blood test after you’ve been arrested has consequences. The arresting officer can only arrest you and order the blood test for marijuana if the officer has reason to believe you are under the influence of THC and that a blood test would reveal its presence. Blood tests reveal the chemical’s presence, but they do not indicate when the drug was ingested. THC metabolizes at inconsistent rates and can be stored in the body for up to a month after ingestion.
Drivers can be convicted of a marijuana DUI without a blood test. The arresting officer’s testimony usually weighs heavily in the decision. The officer may present evidence such as:
- The results of a field sobriety test
- Observations of the driver’s driving patterns
- Marijuana or drug paraphernalia found on the driver or in the vehicle
- Physical indicators that the driver consumed THC, such as dilated pupils, odor, red eyes and rapid breathing
A blood test provides supporting evidence, but it isn’t the only evidence presented.
What Are the Penalties for a Marijuana DUI?
The penalties for driving under the influence of marijuana are generally the same as those for alcohol DUIs and involve serving time as well as fines. The penalties are as follows:
- First offense: A fine of $390 to $1,000, up to six months jail time, DUI school for three or nine months, suspended license for six to 10 months (conversion to restricted license is possible)
- Second offense: A fine of $390 to $1,000, between 96 hours and one year of jail time, DUI school for 18 or 30 months, suspended license for two years (convertible to restricted after one year)
- Third offense: A fine of $390 to $1,000, between 120 hours and one year of jail time, DUI school for 30 months, suspended license for three years (convertible to restricted after 18 months)
Misdemeanor offenses with an injury result in higher penalties. Felony offenses, including those that result in injuries, lead to higher fines and time served in state prison, in addition to a revoked license for four to five years with no opportunity for conversion.
Should I Hire a DUI Attorney?
If you are arrested for marijuana DUI, don’t go it alone. The burden rests on the prosecutors to establish guilt, but an experienced DUI attorney is the key to a well-supported defense. When you need someone on your side, contact expert DUI attorneys at Chambers Law Firm to set up a consultation, no obligation required.
