DUI – Marijuana

In California, driving under the influence of marijuana (DUI) is illegal, even though marijuana use for recreational and medicinal purposes is legal. Here’s an overview of California’s DUI laws regarding marijuana:

Legal Definition

California Vehicle Code 23152(f): It is unlawful for a person to drive a vehicle while under the influence of any drug, including marijuana.

Under the Influence: This means the driver’s ability to operate the vehicle is impaired by marijuana to the extent that they cannot drive with the caution characteristic of a sober person.

Penalties for Marijuana DUI

The penalties for a marijuana DUI are similar to those for alcohol-       related DUIs. The severity of the penalties increases with repeat offenses or if aggravating factors are present (e.g., accidents,        injuries).

First Offense

  • Fines: $390 to $1,000, plus penalty assessments that can increase the total cost.
  • License Suspension: Six months (may be eligible for a restricted license after a certain period).
  • DUI School: Three to nine months.
  • Probation: Three to five years of informal probation.
  • Jail Time: Up to six months (jail time can often be substituted with probation or community service).

Second Offense (within 10 years)

  • Fines: $390 to $1,000.
  • License Suspension: Two years.
  • DUI School: 18 to 30 months.
  •  Probation: Three to five years.
  • Jail Time: 96 hours to one year.
  • Ignition Interlock Device (IID): Mandatory for one year.

Third Offense (within 10 years)

  • Fines: $390 to $1,000.
  • License Suspension: Three years.
  • DUI School: 18 months.
  • Jail Time: 120 days to one year.
  • IID: Mandatory for two years.

Fourth and Subsequent Offenses

  • Felony Charges: A fourth DUI offense within 10 years may be charged as a felony, leading to more severe penalties, including longer prison sentences.

Marijuana DUI Testing

Unlike alcohol, there is no legal threshold for the amount of THC (the active ingredient in marijuana) that constitutes impairment in California. Law enforcement officers may rely on:

  1. Field Sobriety Tests (FSTs): To assess physical or cognitive impairment.
  2. Blood Tests: To measure the amount of THC in the driver’s system. However, the presence of THC does not necessarily indicate impairment, as THC can remain in the bloodstream for days or weeks after consumption.
  3. Drug Recognition Experts (DREs): Trained officers who can identify signs of drug impairment through observation.

Legal Marijuana Use and DUI

Recreational and Medical Use: While marijuana is legal for recreational and medical use, driving under its influence is prohibited.

Open Container Law: Similar to alcohol laws, it is illegal to drive with   an open container of marijuana. This includes any partially used     marijuana products unless they are sealed in a container in the trunk.

Penalties for Refusing a Chemical Test

If arrested for suspected marijuana DUI, refusing to take a blood or urine test can result in:

  • License Suspension**: Automatic suspension for one to three years.
  • Increased Penalties**: Courts may impose harsher punishments for refusal to comply with chemical testing.

Defenses Against Marijuana DUI

  1. No Impairment: Arguing that the driver was not impaired by marijuana at the time of driving.
  2. Testing Issues: Challenging the accuracy of the THC blood test or the timing of the test, as THC can remain in the body long after use.
  3. Lack of Reasonable Suspicion or Probable Cause: Arguing that law enforcement did not have sufficient reason to pull over and then arrest the driver.
  4. Unlawful Stop or Arrest: Challenging the legality of the traffic stop or the arrest process.

Seeking Legal Representation

Because marijuana DUI cases can be complex—particularly in terms of proving impairment and the limitations of current THC testing—it is critical to consult with an expert DUI Defense attorney.

For more detailed information or specific legal advice, contact DUI Defense Attorney Manuel J. Barba at (951) 680-9125.