Getting stopped by the police after smoking a joint or consuming a cannabis edible can be frightening. Marijuana DUI is a crime, and you could face harsh penalties. However, you can raise legal defenses against allegations of drugged driving in California.
A marijuana DUI defense attorney from Gressley & Donaldson, LLP, gathers evidence to defend you against charges of a DUI for weed in California.
Can You Get a DUI for Weed Under the California Vehicle Code?
One of the persistent myths after California passed Prop 64 for legal marijuana use for recreational purposes is that you cannot get a marijuana DUI.
In truth, California’s DUI laws handle cannabis and alcohol the same. While both products are legal, the police can stop and arrest you if they believe you are driving under the influence of alcohol, marijuana, or a combination thereof.
California’s DUI statute covers all drug and alcohol DUI types, regardless of the substance. Specifically, the DUI law prohibits the following:
- Driving under the influence of alcohol
- Driving with a blood alcohol content (BAC) of 0.08% or higher
- Driving under the influence of any drug
- Driving while addicted to any drug, unless you are in a drug abuse treatment program
- Driving under the influence of a combination of drugs and alcohol
The term “drug” in the statute includes legal and illegal substances, including prescription medications. Cannabis and THC products fall squarely within the DUI statute, even though you can consume them legally.
It does not matter under the law that you ate an edible or vaped THC rather than smoking it. You may be prosecuted for a ·cannabis DUI in California anytime you operate a motor vehicle under the influence of marijuana, regardless of how you consumed it.
Moreover, prosecutors can use any prescription or over-the-counter medication, from opiates to antihistamines, as a basis for a DUI prosecution. Thus, it is not a defense to a DUI for weed in California to argue that you only consumed medical marijuana, even if you used it as prescribed.
How Police and Prosecutors Determine Marijuana Impairment
The goal of California weed DUI laws is to keep dangerous drivers off the roads. Marijuana can increase your crash risk by up to 35% by altering your judgment, cognition, and physical coordination.
Most arrests for driving under the influence of marijuana in California start with a traffic stop. The officer might see something that gives them probable cause to stop your vehicle. For example, the officer might stop a driver for weaving or speeding.
Arrests for marijuana DUI in California can also result from DUI checkpoints. Safe and unbiased sobriety checkpoints are legal in the state.
Finally, a law enforcement officer may arrest someone for THC DUI in California after a car accident. During the crash investigation, the police may suspect that a driver was under the influence of marijuana or other substances. The officer may further investigate the cause of the driver’s behavior through questioning and chemical testing.
Impaired Driving Ability
California law prohibits you from operating a vehicle while your abilities are impaired by drugs or alcohol. Impaired driving means your physical or mental abilities have been chemically altered to the point you cannot drive with the care and caution of a sober driver.
The evidence used to determine impairment includes the following:
- Traffic violations
- Failed field sobriety tests
- Confused answers to questions
- Physical symptoms of intoxication, such as slurred speech, bloodshot eyes, and clumsiness
In court, the arresting officer will testify about your physical state, including observations about your driving performance and appearance. The prosecutor might also use videos from dash-mounted and body-mounted cameras to show your impairment.
Chemical Test Result
California has a legal limit for alcohol. When a blood test, urine test, or breath test shows a BAC of at least 0.08%, you may have committed an alcohol DUI (assuming the test results are valid).
Unlike alcohol, there is no legal limit for marijuana. The police officer might conduct a preliminary alcohol screening to rule out alcohol, but you cannot be arrested for marijuana DUI simply because you test positive for THC. The reason for this is that blood THC results do not correlate to driving under the influence of marijuana. The National Highway Traffic Safety Administration has confirmed that marijuana blood levels do not predict impairment.
Instead, the only way to prove a DUI for weed in California is with evidence that cannabis use affected a driver’s ability to drive safely. NHTSA requires officers to perform a Drug Recognition Evaluation or DRE, which often does not happen.
Thus, the prosecution will need testimony from the police officer about physical and cognitive signs of impairment that a sober person would not exhibit. The prosecution will also present evidence about the driver’s performance on sobriety tests.
Criminal Penalties for Marijuana DUI California Cases
California has a complex sentencing system for DUI offenses. The legal consequences of being impaired by marijuana while driving depend on the following factors:
- Whether a crash occurred
- The number of prior DUI convictions
One factor that does not matter is the intoxicant. The same penalties apply whether the driver was impaired by alcohol, cannabis, or other drugs.
The consequences of a first DUI that causes no injuries include:
- Imprisonment in a county jail for at least 96 hours and up to six months
- A fine of $390 to $1,000
The jail time for a first offense can be suspended if the judge grants probation.
The possible penalties for a marijuana DUI become significantly harsher under certain circumstances.
Repeat Offenses
The penalty for a second DUI conviction within 10 years may include the following:
- Jail time of 90 days to one year
- Fine of $390 to $1,000
A court may grant probation and reduce the jail sentence to as little as 96 hours.
If someone is convicted of a third DUI within 10 years, they face the following punishment:
- Imprisonment of 120 days to one year
- Fine of $390 to $1,000
- Designation as a habitual traffic offender for three years
A fourth or subsequent DUI conviction within 10 years can result in either felony or misdemeanor charges. When a fourth or subsequent DUI conviction is filed as a misdemeanor, a conviction may result in a sentence that includes the following:
- Jail time of 180 days to one year
- Fine of $390 to $1,000
- Habitual traffic offender designation for three years
If the offense is charged as a felony, you may face a jail sentence of 16 months, two years, or three years, as determined by the court.
Prior DUIs are counted during sentencing even if they occurred in another state or involved alcohol or other drugs instead of marijuana. Thus, you only get one “first offense,” and all subsequent DUIs are treated as repeat offenses even if they occurred in a different jurisdiction or involved a different substance.
Crash Causing Bodily Injuries
A marijuana DUI involving a crash that caused bodily injuries also involves different sentences based on the driver’s criminal record. A first injury crash DUI conviction may result in the following punishment:
- Imprisonment of 90 days to one year
- A fine of $390 to $1,000
When the court grants probation, it can drop the minimum term of imprisonment to five days.
If someone has a prior DUI conviction and causes a DUI crash that results in injuries, the court may impose a jail or prison sentence of 120 days to one year and a fine of $1,015 to $5,000.
A driver with two prior DUI convictions may face felony charges and imprisonment for a two, three, or four-year term upon causing a DUI crash with injuries. A driver who causes a DUI crash with great bodily injuries with four or more prior DUI convictions may have three years added to their sentence of two, three, or four years.
The enhancements for prior DUI convictions can be applied even if the prior DUIs did not result in crashes. Thus, someone could face an enhanced sentence if they were stopped and arrested in their prior DUI cases and only caused an injury crash in their most recent DUI case.
In any of these cases, if the accused caused multiple injuries, the court can add one year to the sentence for each additional victim. The maximum enhancement for multiple injured victims is three years.
Driver’s License Consequences and DMV Actions for Drugged or Drunk Driving
All DUI convictions in California require a driver’s license suspension or revocation. For a DUI first offense without bodily injuries, the DMV will order a driver’s license suspension of six months. Repeat offenses can result in suspensions of two, three, or four years, depending on the number of prior DUI convictions.
DUI offenses involving injury crashes can result in a driver’s license revocation. Again, the duration of the revocation depends on the accused’s criminal history. A first offense of DUI involving bodily injuries results in a one-year revocation. Subsequent DUIs can result in revocations of three or five years per conviction.
A driver may apply for reinstatement of their driver’s license by completing DUI school and providing proof of insurance.
Anyone convicted of a marijuana-only DUI cannot apply for a restricted license to drive with an ignition interlock device. However, those convicted of a DUI while impaired by marijuana and alcohol can seek a restricted license.
Additional Consequences Beyond Criminal Penalties for Driving Under the Influence of Marijuana
The punishment for a first offense is usually limited to a fine plus a brief jail sentence or probation with a suspended sentence. However, repeat offenders, and those who caused injury accidents may be required to install an ignition interlock device for one to three years, depending on the number of prior DUIs.
Defendants convicted of a DUI will have their convictions included in their driving history and criminal record. These convictions could block the driver from obtaining work as a commercial truck driver, bus driver, or rideshare driver.
Common Defense Strategies in California Weed DUI Cases
A California marijuana DUI lawyer will identify possible defenses based on the facts of your case. Certain defenses may be employed to help you seek a dismissal or acquittal in your case.
No Probable Cause
Under the Constitution, the police must have probable cause to conduct a traffic stop. If the police had no reason to pull you over, any subsequent investigation and arrest may be invalid.
Thus, suppose the police pulled you over simply because they saw you leaving a party. Your attorney can argue that the police lacked any reasonable grounds for suspecting you of violating the law when they stopped you, and, as a result, your arrest was illegal.
Improper DUI Checkpoint
DUI checkpoints must be unbiased. If your attorney determines that the police only stopped drivers with certain characteristics, such as Hispanic male drivers, a judge might dismiss your charges.
No Intoxication
You can argue that any cannabis impairment signs resulted from something other than intoxication. For example, suppose dehydration made you confused and uncoordinated during a traffic stop. If the police mistook your health condition for impairment, your attorney may seek a dismissal.
Involuntary Intoxication
The legal standard for marijuana DUI charges requires that you intended to drive while intoxicated. If you did not know you were high because you unknowingly ingested a cannabis edible or inhaled second-hand smoke, you can use the involuntary nature of your intoxication as a defense.
What to Do After an Arrest for a Cannabis DUI in California
An arrest on DUI marijuana charges can be scary. However, your actions can help you obtain a fair outcome. First, do not admit to anything. At the same time, do not refuse a chemical test. California’s implied consent law requires you to submit to testing or risk losing your license.
Second, do not resist the officers or become belligerent. Even minor physical resistance can result in additional charges.
Finally, contact a lawyer before your first court appearance. The sooner you have legal representation, the sooner you can start building your defense against the charges.
Contact Gressley & Donaldson, LLP, for a Free Consultation With an Experienced DUI Defense Lawyer
Even though cannabis is legal, you may face harsh punishment for driving after using it. Our attorneys have decades of experience defending people accused of DUI. Contact us to discuss your charges and how we will help you fight them.
