CALIFORNIA CRIMINAL LAWYERS

Los Angeles DUI Marijuana

Increased Marijuana Use in California and the Rise of Marijuana DUI Cases

Since the legalization of a limited amount of marijuana in California, consumption of the drug has increased dramatically in the state. However, while this trend continues throughout the United States, the use of marijuana still has legal limitations based on established laws regarding the consumption and sale of substances. Additionally, it is essential to recognize that driving under the influence of marijuana is much riskier than perceived initially. Historically, prosecutions for DUI have been limited to alcohol during the past two decades. However, state legislatures are now aware that conduct resulting from marijuana use must be addressed as well. Unfortunately, as no device can provide discreet numbers like a breathalyzer, charges for driving under the influence of marijuana will be handled differently from typical alcohol-related DUI cases, requiring a skilled Los Angeles DUI attorney to secure a dismissal or charge reduction.

Challenges of Marijuana DUI Defense

The lack of blood alcohol concentration evidence is a significant challenge in a marijuana DUI case. There is no immediate test like a breathalyzer to provide evidence, and most of the proof will depend on officer testimony unless a blood test is ordered by the judge. Even if ordered—a blood test result will take several weeks as it requires analysis at the crime lab. Until then, defendants will remain in limbo, giving experienced Los Angeles DUI lawyers adequate time to examine the evidence and craft a defense regarding official claims of the state. In any case, the levels of Tetrahydrocannabinol (THC) in the body do not prove that a defendant was impaired at the time. In California, possessing one ounce or less of marijuana is not illegal. Every piece of evidence can be evaluated for admissibility, even when conducting a blood test. When a test is refused, it could result in an additional contempt charge, but the state would not have the evidence just as when refusing a breathalyzer. The issue of search and seizure of evidence becomes even more critical when dealing with marijuana DUI cases, and the state must provide proof beyond a reasonable doubt to secure a conviction.

Consideration for Medical Marijuana Patients

Daily users of marijuana for medical purposes will always have some level of THC in their system. The active ingredient in marijuana can stay in the body for 30 days after usage, and there is no definitive test for impairment. An experienced Los Angeles DUI attorney must not downscale this component of the defense during evaluation. Instead, they must view it as an added layer of evaluation needed to prove the defendant’s innocence. While the state will always protect the arresting officer’s testimony, an aggressive approach by a Los Angeles DUI attorney can cross-examine police and bring in THC latency expert witnesses who can explain statistics and professionally assess impairment before a court or a jury panel.

Additional Hearings for Marijuana DUI Convictions

It is essential to note that everyone charged with a marijuana DUI would expect a license suspension just as with any DUI conviction. However, an additional hearing is now scheduled to assess the applicability of a suspension. This offers your Los Angeles DUI attorney another opportunity to negotiate for a dismissal or charge reduction, providing you more opportunities to fight for your rights.

Creating Tables to Understand the Differences: Alcohol DUI and Marijuana DUI

DUI charges typically depend on the substance consumed while driving, with alcohol and marijuana being the most common. However, apart from the significant difference in their psychoactive and biomedical effects, there are considerable variations in charges, penalization, and defense for alcohol and marijuana DUI cases. Here is a table outlining key differences between alcohol and marijuana DUI offenses:

The Role of an Experienced Los Angeles DUI Attorney

DUI cases involving marijuana are becoming more common, and the penalties are becoming more severe. While you might be concerned about facing legal consequences for marijuana consumption, it is important to remember that you have the right to a fair trial and skilled legal representation to defend your case. Todd Spodek’s Los Angeles DUI attorneys possess the knowledge and expertise to fight for your legal rights and help you win your case. If you need legal assistance with your DUI case, contact us today for a free consultation.