Marijuana and DUI: All You Need to Know

Driving under the influence (DUI) applies in cases where a driver operates a vehicle while under the influence of alcohol, drugs, or both. You can face a DUI charge for driving while under the influence of marijuana. Although the consumption of marijuana is legal in California as long as you are 21 years or older, a driver should not operate a vehicle if the drug impairs their mental and physical abilities. This may result in severe charges that could lead to a prison sentence, a high court fine, and the revocation or suspension of your license.

If you face marijuana DUI charges today, talk to a competent DUI attorney for guidance and support. They can also help you fight your charges in court for a fair outcome.

An Overview of Marijuana DUI

Marijuana is one of the controlled drugs under the Controlled Substances Act. It is classified under Schedule I substances, which makes it a dangerous substance because of its high potential for abuse and addiction. It is also not widely accepted for its medicinal use, and lacks acceptable safety for use under medical supervision. Nevertheless, its simple possession and use are legal in California. You can obtain and keep just enough of the substance for personal consumption without violating the law.

However, drivers are cautioned against operating vehicles under the influence of any drug or alcohol, including marijuana. Even though you can legally consume marijuana, you must not drive if the drug impairs your driving abilities. This puts you and other motorists at risk of injuries and death in case of an accident.

For this reason, California has a law that prohibits driving under the influence of drugs like marijuana. According to VC 23152(f), any driver operating under the influence of drugs, including medical and recreational cannabis, is subject to prosecution. Although DUI laws provide a legal standard for alcohol consumption by rivers, there is no set legal standard for drug use. This means that you can be charged for DUI even if you have a small amount of the drug in your system, as long as the drug impairs your mental and physical driving abilities.

If you are suspected of driving under the influence of marijuana, an officer will start an investigation if they suspect that you are under the influence of a substance. They will focus more on impairment other than the amount of the substance you have consumed, or the amount of marijuana in your system. Thus, an officer can stop you for a traffic infraction or at a regular DUI checkpoint. They will ask questions and observe how you are answering to determine whether your driving ability is impaired. In the meantime, the officer will look out for any physical indications of intoxication, including red or watery eyes, slurred speech, and odor from your mouth.

In some cases, when an officer stops a driver at a DUI checkpoint or after a traffic infraction, they must administer a field sobriety test. This gauges your coordination, since it is essential for safe driving. They may call a drug recognition expert at the scene to help assess the situation before establishing the actual drug in your system. Chemical tests may come after a DUI arrest if the officer is convinced that you were driving while under the influence. You may be required to submit a blood or urine sample to determine the nature and amount of drugs in your system.

Note: Marijuana can remain in a person’s system for several days or weeks. Thus, testing positive for the drug does not automatically mean that you were driving under the influence of drugs. In addition to a positive chemical test, the police need more evidence to support your DUI charge. For example, they can prove that you were under the influence because you were speeding or driving recklessly, which also serves as probable cause for your DUI arrest.

The Legal Use of Marijuana and Marijuana DUI in California

Generally, the use of marijuana is legal in California. However, you need a licence to sell or distribute the substance, and a valid prescription to obtain the drug. You can be arrested and convicted for the illegal purchase, sale, or distribution of the drug. You can also be persecuted for being under the influence of a drug in a public setting.

People who are allowed to possess marijuana for personal consumption are adults aged 21 and older. However, they must not have more than 28.5 grams of the substance or equivalent forms of the drug. Farmers who grow marijuana must not plant more than sixty plants. They also need a permit for this. You need a medical marijuana license, which is issued by the state, to purchase marijuana for distribution and sale. Only authorized dispensaries are legally allowed to sell it. If you want to use the drug for recreation, you must do it privately, not in a public space.

These laws apply to any adult who has the right to use, produce, sell, or distribute marijuana. However, drivers owe other road users a duty of care to ensure safety and order on public roads. This means that even after legally obtaining the substance and consuming it in private, you can still be persecuted for driving on public roads while under its influence. Driving while high demonstrates negligence in your duty of care, which puts other road users at risk of harm.

Marijuana’s Effect on Driving

People who consume marijuana experience varying effects. The different forms of the drugs also affect people differently. One person may experience severe effects after consuming a small amount, while another experiences zero effects after consuming more of the drug. For some people, the effects of the drug linger on longer than in others for a longer time. Thus, it is difficult to tell precisely how much of the substance is enough to cause impairment in a person. Some people are not really affected by the drug and can drive safely after consuming it. However, the law seeks to protect innocent people who could be injured in case of a marijuana DUI.

California DUI laws are generally based on medical evidence. Medically, a particular amount of alcohol is likely to trigger specific effects on an average person. However, there is no conclusive evidence to determine how much of a drug a person should consume to operate a vehicle safely. In some cases, marijuana is believed to severely impact a driver’s driving abilities to the point that they are at a severe risk of causing an accident. In other cases, some drivers do not experience any changes in their driving while high on marijuana.

The truth is, regulated drugs, whether recreational or medicinal, affect a person’s mental and physical abilities to some extent. Thus, it is a considerable risk to drive after consuming a drug that has a high effect on your capabilities, such as marijuana. While alcohol makes you a reckless driver, marijuana and similar drugs may cause you to drive more slowly. However, marijuana can also affect your ability to react quickly in case of a dangerous situation on the road.

When determining substances that count for DUI, lawmakers consider the substance’s effect on a person’s muscles, brain, and nervous system. A drug that affects all or even one of these areas is dangerous for drivers to consume. Here are some of the factors that qualify marijuana as a substance that counts for a DUI:

• Marijuana causes mood changes when THC enters your bloodstream and travels to the brain, thereby altering neurotransmitter activity. While this can induce relaxation or euphoria, it can also trigger anxiety and paranoia.
• It impairs your ability to focus and remain attentive, particularly in the short term. It does this by disrupting brain communication, causing brain fog, and reducing your cognitive control.
• It causes memory problems when THC, its main psychoactive ingredient, mimics natural brain chemicals and binds to the brain receptors, affecting your brain’s ability to form new memories.
• Marijuana may cause drowsiness when THC increases your levels of sleep-promoting hormones like adenosine and suppresses the brain’s arousal system. Its sedative and relaxing effects may impair your physical and mental abilities to perform critical tasks.
• It creates a distorted sense of time, making you feel as if it is moving more slowly than usual.

Even though marijuana results in these effects, it does not mean that everyone who consumes it cannot drive safely. Prosecutors handle marijuana DUI cases on a case-by-case basis. They must prove all elements of the case beyond a reasonable doubt to obtain a guilty verdict. If you consume marijuana and are not impaired by it, a court cannot find you guilty of a marijuana DUI.

How Prosecutors Prove Marijuana DUI Cases

Proving marijuana DUI cases is not as straightforward as proving alcohol DUI cases. This is because with alcohol, there is a legal standard for different drivers, under which a driver must remain to drive in California safely. Generally, all DUI cases start with impaired driving, whereby an officer uses your driving behavior to determine whether your driving is safe. If your driving is impaired by alcohol, an officer can test your BAC to determine the level of alcohol in your system. However, this is not done when you are suspected of being under the influence of marijuana or other drugs.

An officer can make a DUI arrest based on your behavior on the road and their findings after a DUI investigation by the roadside. After an arrest, they will likely ask for a blood or urine sample to test for drugs. According to the implied consent law, it is unlawful to refuse to submit to a chemical test after a DUI arrest. However, the tests only confirm whether you have consumed marijuana. The levels of THC in your system will not matter so much because you can still be sober and have high THC levels in your system. Also, remember that THC can remain in your system for weeks, even without causing physical or mental impairment.

In this case, a positive chemical test result alone is insufficient to prove a marijuana DUI case. The prosecutor needs more evidence of your impairment to prove their case beyond a reasonable doubt. Here is some evidence that could be used against you during the trial:

Your Driving Behavior

Remember that this is the very first thing an officer sees, and it's what makes them stop and investigate you for a DUI. It also gives the police probable cause to arrest you for marijuana DUI. The prosecutor must demonstrate that your driving was erratic, careless, or abnormally slow to cause an officer to suspect you of DUI.

Your Recent Consumption of Marijuana

After suspecting you of a marijuana DUI, an officer can ask about your recent consumption and how much of the drug you took. If you consumed the drug right before driving, or while driving, it could be the cause of your impaired driving. While some drivers will not openly admit to consuming the drug just before or while driving, an officer can use their observation to gather evidence. For example, they may report that there were traces of smoke in your vehicle when you were stopped for a DUI, or the officer could smell the drug on your breath when you answered their questions.

The presence of some of the drugs in your vehicle could also support the prosecutor’s theory that you are a regular consumer of marijuana.

Your Statement During DUI Investigation

When an officer stops to investigate you for a DUI, they ask a few questions to determine how well, or otherwise, you answer them. You could incriminate yourself during that time, especially if the drug has impaired your mental capabilities. If you admit to consuming marijuana just before or while driving, the prosecutor may use this as evidence during prosecution.

Your Appearance and Behavior

How you appear and conduct yourself after an officer stops you for a DUI investigation can also be used against you in court. For example, bloodshot or watery eyes are highly associated with alcohol or drugs. If you experience difficulties answering questions or if your words are slurred, an officer may associate it with other indications that you are high.

If an officer administers some field sobriety tests after stopping you, they may use the test results as evidence of your impaired driving. Remember that field sobriety tests are usually administered before a DUI arrest. They include performing simple tasks under the officer's instructions and guidance to assess your concentration and coordination.

How To Fight Marijuana DUI Charges

DUI is a serious crime in California. A conviction for a DUI, even for first offenders, can result in severe penalties, including a hefty fine, a jail sentence, and suspension of your driver’s license. However, you can use some legal defense strategies, with the help of an experienced DUI attorney, to obtain a good outcome in your case. Some of the defense strategies your attorney can use in your favor include:

Challenging the Prosecutor’s Case

Prosecutors rely on the evidence gathered by the police during a DUI investigation to prove their case. If a prosecutor has compelling evidence against you, a skilled attorney can challenge it for a favorable outcome. For example, if the prosecutor’s evidence is that your slow driving was impaired, your attorney can argue that you encountered a mechanical issue, or you simply preferred to drive slowly. Such an argument can weaken the prosecutor’s case.

An attorney can also find fault in the manner in which the chemical test to determine the drugs in your system was conducted. If there is doubt that the blood or urine sample was mishandled, your attorney can convince the court to dismiss the test results, thereby weakening the prosecutor’s case.

Proving that You Were Not Impaired

If you are arrested for impaired driving, and you were not impaired, you can fight the allegation with evidence. Remember that the police rely on observation to make marijuana DUI arrests. Your arresting officer could have been mistaken. Your attorney can use a negative chemical test to prove that you were not under the influence of any drugs in the first place. If there is no alcohol or drugs in your system, you cannot be charged with impaired driving.

Find an Experienced DUI Attorney Near Me

Do you or a loved one face marijuana DUI charges in Bakersfield?

This is a serious offense that can result in a jail sentence, a high court fine, and the suspension of your driver’s license. A more serious offense of this nature can result in even graver penalties, including a lengthy prison sentence and the revocation of your driver’s license. However, a competent attorney can help you fight the charges for a favorable verdict. They can develop a substantial defense to convince the court to dismiss or reduce your charges.

We can partner with you at Koenig Law Office to help you navigate the complex legal process and defend you. Contact us at 661-793-7222 to discuss your legal situation and our assistance further.