Marijuana legalization is on the table for election day — but driving under the influence of marijuana is still a crime.
The upcoming election is of great importance, both nationally and locally. Here in California, Proposition 64 aims to legalize the use of recreational marijuana. If it is approved by voters, then California would join a number of other states in de-criminalizing the use of marijuana for non-medical purposes. But just because using marijuana may become legal doesn’t mean that you won’t get arrested if you drive under the influence.
California law makes it illegal to drive under the influence of drugs, including marijuana. While there is no legal limit for marijuana (as there is with alcohol), if you drive while under the influence of pot and your physical or mental abilities are impaired to such an extent that you cannot drive with the caution of a sober person, you could be charged with a DUI of Drugs (DUID). A conviction for DUID can lead to serious penalties — including possible jail time — and a criminal record. If you’ve been arrested for DUID for driving after smoking marijuana, contact a skilled Los Angeles County DUI attorney as soon as possible.
How Is DUI of Marijuana Proven?
Because there is no legal limit for marijuana (or its psychoactive ingredient, THC), prosecutions for DUI of marijuana often revolve around a police officer’s observation of a person. An officer may testify that the person drove erratically or too slowly, had physical symptoms of being under the influence of marijuana, that they failed field sobriety tests, and that they had THC present in the chemical or urine test that they took after being arrested.
Of course, just because you have THC in your blood stream does not mean that your ability to drive was impaired. Unlike other drugs, marijuana may stay in your system after you last use it, making it difficult to say whether a person was truly under the influence or impaired when they were driving. THC is fat soluble, so it can show up on a chemical test for several weeks after it was ingested — making the possibility of false arrests very real (and dangerous).
Some states have enacted a legal limit for driving under the influence of marijuana, measured by the amount of THC in your blood. However, the problem remains the same: just because you have a measurable amount of THC in your system does not mean that you were impaired. Some companies are working on new technology for detecting cannabis intoxication that works like a breathalyzer. The goal is to show whether a person has ingested marijuana within a certain time frame — which is a better indication of impairment than the level of THC in a person’s blood.
If you have been charged with a DUID for driving under the influence of marijuana, remember that you have options. Contact a skilled Los Angeles County DUI attorney immediately, and remember to never talk to the police without your lawyer present. There are many possible defenses to DUID charges, including that you were not actually impaired when you were driving. At the Chambers Law Firm, we are experienced at handling DUI of marijuana charges and will fight to protect your legal rights. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation.
