CALIFORNIA CRIMINAL LAWYERS

DUI and Proposition 64

Driving Under the Influence of Marijuana in California: What You Need to Know

If you’re a marijuana user driving in California, you need to be aware of the laws pertaining to driving under the influence of this drug. Even though Proposition 64 legalized the use and ownership of small amounts of marijuana, it’s still illegal to drive when under its influence.

California Penal Code Section 23152(e) VC stipulates that driving under the influence of marijuana is a punishable offense. But this poses a challenge as there’s no set legal limit for marijuana, unlike alcohol where a bodily alcohol content of .08 or higher is illegal.

This is because the effects of marijuana are unique to each individual. Therefore, it’s hard to determine the effects it can have on one’s ability to operate a vehicle. One person might not demonstrate unsafe driving even at relatively high levels of marijuana use. Meanwhile, another person may experience deficits in driving ability with just a little marijuana in their system.

Marijuana influence is often hard to detect as well. Unlike alcohol, which can be detected with a breathalyzer, there’s no equivalent test for marijuana. Law enforcement officers must rely on other means to ascertain whether a driver is under the influence of marijuana, such as a field sobriety test.

However, not all officers are fully equipped to detect drug use in drivers. There’s only a small number of officers in any given police department who receive this specialized training. It’s also essential to point out that marijuana derivatives stay in a person’s body for up to thirty days after use was initiated.

A person can test positive for marijuana even when they’re no longer demonstrating signs of active use. This presents a potential obstacle for a driver if pulled over and tested for marijuana consumption.

Marijuana charges can lead to severe consequences. You might face up to six months in jail for a first-time offense, and the suspension of your driver’s license. You can also expect hefty fines and court-ordered substance abuse education courses. With so much at stake, it’s crucial to have a skilled attorney fighting for you.

Hiring a Los Angeles DUI lawyer can help you in several ways. First, they can review the police report to evaluate whether or not the arresting officer possessed the necessary training to carry out an adequate investigation. They’ll also carefully scrutinize your test results for the possibility that your test returned a false positive.

As with all legal battles, it’s necessary to know how to defend yourself. If you’re charged with driving under the influence of marijuana, you should consult a DUI attorney to know all possible defenses. They can help you challenge the charges or even plead for lighter penalties.

Proposition 64 made significant strides towards liberalizing marijuana laws in California. But while cannabis use, ownership, and cultivation have become legal to an extent, driving under its influence is equally illegal. Make yourself aware of these laws to avoid running afoul of the law.

Below is a comparison table between alcohol use and marijuana use when driving:

Have You Been Pulled Over for Marijuana Use?

Always remember; driving under the influence of marijuana is a punishable offense in California. If you’ve been pulled over and face charges related to marijuana, it can be daunting.

That’s where we come in. Todd Spodek, one California’s most skilled and experienced lawyers, has been defending DUI cases for over a decade. We are a nationally recognized law firm with an unbeatable track record of success in such cases.

Our promise is simple. We will work tirelessly to minimize your stress, protect your rights, and seek out the outcome possible for your case. Contact us today for a free consultation, and Todd Spodek will personally review your case.