Marijuana use is permitted in California but driving under the influence of marijuana (or any other substance) is prohibited if your mental or physical faculties are impaired to the extent where you cannot drive with the caution of a sober person exercising ordinary care. In California, there is no such thing as a “legal limit” for driving under the influence of marijuana. So, how can a prosecutor show that you were driving while high on marijuana?
Keep reading to learn how DUI of marijuana is proven. If you are facing this or another similar charge, contact Chambers Law Firm at 714-760-4088 for a free legal consultation with an experienced criminal defense attorney.
Chemical tests confirm marijuana’s presence
There is a clear standard in alcohol-related DUI cases: if you drive a vehicle with a blood alcohol concentration (BAC) of.08 percent or greater, you are convicted of DUI. However, there is no set quantity of marijuana (or its principal active element, THC) that constitutes a DUI offense.
If you are legitimately arrested on suspicion of driving under the influence in California, you are said to have agreed to chemical testing to identify the presence of alcohol or drugs in your system. THC levels in the bloodstream may be detected via chemical testing, showing that you have marijuana in your system.
However, because these tests do not indicate (1) when you used or ingested marijuana, (2) how much marijuana you used or consumed, or (3) if the quantity of marijuana in your system impacted your ability to drive, they are fundamentally inaccurate.
Regardless of the amount of THC in your blood, the prosecution can use additional evidence to show that marijuana damaged your mental or physical abilities to drive. This might include observations on your driving, appearance, performance on field sobriety tests, and if you were in possession of any marijuana or drug paraphernalia. The strongest conceivable proof that your driving was affected by marijuana usage is evidence that you were not driving safely.
Defending against marijuana driving under the influence cases
To an allegation of driving under the influence of marijuana, Chambers Law Firm can present numerous crucial arguments. One of the simplest methods to beat a DUI marijuana allegation is to challenge the validity of any chemical test administered.
THC levels in your blood and urine aren’t always an accurate indicator of your level of impairment. THC is retained in fatty tissues and can be identified in blood testing for up to two days following usage. Urine tests are even less reliable since the substances they detect (THC metabolites) can be found in urine up to four weeks after marijuana was taken or ingested.
Even if you had THC in your system when you drove, a DUI lawyer might argue that you were no longer high when you drove. This is a powerful possible defense to the allegation because these chemical tests do not indicate when you actually took or used marijuana.
Your lawyer may also claim that your driving was not impaired even if you had consumed marijuana before to driving. Remember that the prosecution must show not just that you had drugs in your system, but that they damaged your physical or mental capacities to the point where you couldn’t drive with the prudence of a sober person. On how marijuana impacts a person’s ability to drive, there is no unanimity. This implies that just because the prosecutor can establish you were high at the time you drove does not indicate you were impaired.
If you are facing these or other DUI charges, contact Chambers Law Firm at 714-760-4088 to talk to a criminal defense attorney today.
