In California, if you are pulled over for drunk driving, but the test results are too low for alcohol intoxication, you could be tested for drugs, in the hopes that something will show up positive.
The problem is, some drugs, like marijuana, will stay in your system for days, even weeks after using them. So, unlike alcohol, testing positive for a drug doesn’t automatically mean that you had used it recently and were intoxicated at the time. With Southern California’s top DUI and DUID defense attorney Dan E Chambers, you can fight these charges.
What does California law say about marijuana DUIs?
There isn’t a specific California law against driving while under the influence of marijuana. California DUID law (driving under the influence of drugs) says that “It is unlawful for a person who is under the influence of any drug to drive a vehicle.” And, “It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.” That’s a pretty vague standard. Unlike DUI law for alcohol, it doesn’t tell law enforcement agents exactly how much of a drug needs to be in your system to make it illegal for you to drive.
Testing for marijuana
One major reason that California law doesn’t set a legal limit for drivers is because while it is easy to test for whether someone uses marijuana, it is difficult to tell how high you were at a particular time.
Marijuana is very different from alcohol, which gets processed through the body quickly. If a driver’s blood test indicates a high level of alcohol, a prosecutor can argue that they were intoxicated at the time. But THC chemicals found in marijuana stay in your body much longer. A high level of THC might mean that you are a frequent user, but that doesn’t mean you were high at the time and weren’t capable of driving safely.
What does the legalization of medicinal marijuana mean for DUID laws?
Marijuana use (legal or not) has increased drastically in California since it was legalized for medicinal purposes, but traffic fatalities haven’t increased the same way. That means that lawmakers have had a difficult time proving a related cause and effect and showing a need for a specific law against driving while high on pot.
But California’s current DUID law applies to any drug—legal or not—that is regulated by the federal government. So whether you have a prescription for medicinal marijuana or bought some over-the-counter cough syrup, it is illegal to drive while you are under the influence of any drug. If your judgment is impaired, don’t drive. If you are in a situation where you are accused of a DUID, contact me today by calling 714-760-4088, emailing dchambers@clfca.com, or sending an online message via the Chat box at the bottom right of this page.
Act fast before your license is automatically suspended
By contacting Southern California’s top DUI and DUID defense attorney, you can fight these charges. But it is important to act quickly! In addition to criminal charges against you, the DMV will automatically suspend your driver’s license within 10 days of your DUI or DUID arrest. So you need to act immediately to request a DMV administrative hearing to challenge your driver’s license suspension, before those 10 days are up.
For more info, read my blog here or contact me today to learn how Chambers Law Firm can help you make your best defense.
