CALIFORNIA CRIMINAL LAWYERS

Marijuana DUI in California

Driving under the influence of marijuana can be a challenging task for a district attorney if the active ingredient in the driver’s system is not identifiable. The Tetrahydrocannabinol (THC), which is the active ingredient in marijuana, can be stored in the fat cells of the body for up to 30 days after use. Therefore, its measurement includes latent amounts that can be present long after drug use, making it much more challenging to identify chemical impairment levels in a driver. This poses as a significant issue in California since it’s one of the states that has legalized medical marijuana, and no reliable tests can yet identify chemical impairment levels. Consequently, the acceptable standard that qualifies impairment level has not been developed, and this creates several ways for a Los Angeles DUI attorney to build a solid defense and cast reasonable doubt on the prosecution. Having an aggressive DUI attorney can make a significant difference in how the case is concluded.

Admissible Evidence
In California, everyone suspected of driving under the influence of drugs can be compelled to take a chemical evaluation test under implied consent laws. Failure to comply with this can result in charges and automatic jail time increase and license suspension if convicted. In most cases involving marijuana-impaired driving, the primary evidence for prosecution is built primarily on the officer’s testimony or impairment designated . Though officers can call a designated officer and request a second opinion, this is often not feasible in remote areas and unusual investigation times. However, marijuana DUI cases and alcohol DUI cases have many similarities, and the consequences for both types of DUI are similar. Nonetheless, some issues in marijuana DUI cases tend to be questionable.

Potential Defenses
Since there is no specific reliable testing method for marijuana intoxication, defenses for marijuana impairment that do not exist for alcohol are possible. The standards are defined for alcohol all over the country, but marijuana has more issues with conviction. People having a legal prescription for the drug can possess it as long as it is in an authorized container, which can serve as a defense in some cases. Those without a prescription are breaking the law of possession, while legal script holders often have an exception. Depending on someone’s personal metabolite structure, testing positive for marijuana is still possible, even when not impaired. Testimony that supports the driver not ingesting marijuana can also be effective, especially when others witnessed the arrest.

Reduced Charges
In cases where marijuana DUI is tried with weak evidence, the district attorney may have a reason to reduce the charge to possession. The problem with this reduction, despite not being an impaired driving charge, is a misdemeanor that could be problematic later if the felony threshold is not reached. The record of drug conviction remains on the criminal history, and it could negatively impact the jail sentence’s expungement later if the case is requested for sealing of the record.

Range of Charges

In California, driving under the influence of marijuana attracts the same range of charges as driving under the influence of alcohol. However, the consequences are different since marijuana’s active ingredient, THC, tends to pose additional problems in the prosecution. The level of THC measurement for marijuana begins with the initial visual detection of symptoms similar to the field sobriety test. The penalties for a first offense DUI charge for alcohol or marijuana include:

• Imprisonment ranging from $390 to $1,000 with additional assessments of approximately three times the fine amount.
• A license suspension period of between four months to ten months.
• Enrollment and completion of drug and alcohol abuse courses
• Summary probation for a period of between three to five years.

If found guilty of a second offense of DUI, the penalties increase significantly to include higher fines and extended jail time. The consequences of the third offense and beyond become a felony with more severe repercussions.

Required Evidence

In California, law enforcement agencies utilize different methods to detect driving under the influence of marijuana. These methods include recognizing symptoms, sobriety test, and chemical testing. An individual suspected of drug use while driving can be subjected to a field sobriety test to identify possible impairment. If an individual fails the field sobriety test or the officer suspects impairment, he can be subjected to chemical testing.

The primary test utilized to detect marijuana in the system is the blood test. Although never entirely reliable, a blood test’s result indicating THC can be considered evidence that can be used in court. The legal level of THC in an individual’s blood is five nanograms or less. This is a challenging standard to attain as it can be challenging to detect going by the broad range of time marijuana tends to stay in an individual’s fat cells. The breath test is another method of testing for marijuana by measuring the THC levels in the breath. Cannabis users’ breath is characterized by a fruity scent smell and persistent dry mouth.

Legal Prescription Differences

If an individual possessing marijuana had a valid prescription, there might be a defense that can establish the lack of the mens rea (a guilty mind) required for a marijuana DUI conviction. A medical marijuana user who possesses the drug legally but drives under the influence and is involved in an accident will likely face a civil suit from injured victims. This is because using marijuana, whether legal or not, can still result in intoxication, thereby increasing the risk of causing an accident. Driving under the influence of marijuana while legally using marijuana is still an offense in California. Individuals who drive while impaired by prescription marijuana still possess culpability for accidents resulting from their drug usage. Also, driving under the influence of marijuana in possession of a legal prescription does not immunize users from criminal penalties, such as jail time and fines.

The Role of a DUI Attorney in Marijuana Cases

A Los Angeles DUI attorney plays a crucial role in a marijuana DUI case, particularly in cases where there is inadequate evidence or questionable probable cause. The attorney can challenge the prosecution’s evidence by examining the validity of the blood or breath test results, identifying the illegality of any searches or seizures that may have led to the civil charges and challenging the credibility of arresting officers. Your DUI attorney can provide a strong defense to have the charges dropped or reduced to a lesser offense. Find a qualified lawyer who has experience in handling marijuana DUI cases to increase the chances of acquiring a favorable outcome. By using an expert defense attorney, you can build a strong defense for your case and avoid any possible jail time or extreme fines.