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The state of California has imposed strict penalties for the Driving Under Influence (DUI) also known as Driving while Intoxicated (DWI). The DUI is charged as a misdemeanor or even a felony based on the seriousness of the offense and number of offenses.
However, the driving under the influence law does not only include alcoholic substances, but it also covers any legal or illegal substances that can cause impairment in person and may affect driving. All these substances are above the rule of possession, and even if you did not possess any of these substances at the time of pullover, you could still be charged under Vehicle Code 23152(a).
The law covers all controlled substances like marijuana even though the state has passed the law that allows the recreational marijuana. Apart from r substances, one should not remain in any misconception about legal and prescribed drugs including medical marijuana. Even if you have been using marijuana for medical purposes, it does not prohibit you from being charged for DUI offense.
Penalties for DUI Marijuana
If you have been arrested for DUI marijuana, you can expect the penalty of
In the case of a DUI marijuana case, you can request for a restricted to-from work license after 30 days for the first offense, after 90 days in second offense, and after one year in the third offense.
If the DUI marijuana case involves an injury or a property damage, it can be charged as the misdemeanor or even felony with particularly harsh sentences for a jail term of up to 3 years and increased fines.
Procedure After you are Pulled Over for DUI Marijuana
When you are pulled over under the suspicion of DUI marijuana, the office will ask you to take a voluntary preliminary screening test by blowing into the breathalyzer. You can refuse to take this test.
After your arrest, a blood sample will be drawn for a chemical test at the police station or hospital. It is an obligatory test, and you cannot refuse this test without getting ‘enhanced sentence.' The enhancement may cause increased jail time and suspension of the driving license for a longer period.
Reliability of Chemical Tests:
The chemical test for the marijuana are not very reliable and are still contested. Apart from this, there is no hard limit for marijuana which is above the legal limit. For example, BAC above 0.08 is illegal, but there is no set limit for marijuana.
The chemical tests do not provide accurate results about when marijuana was used and how much amount was consumed. Apart from this, it is still contested that how much amount of marijuana causes impairment or stoned effect, because of the varying tolerance level.
The tests detect delta-9-tetrahydrocannabinol (“THC”) which is the chemical responsible for giving the high effect. According to the studies, the THC level increased rapidly with the consumption of marijuana. The high-effect of marijuana only lasts from one to two hours, and after five or six hours, any psychological or physical effects are washed off.
Available Defenses in DUI Marijuana:
As experienced defense attorneys, we have various instances of the successful defense of DUI marijuana cases. It is relatively easy to defend a DUI marijuana because of the contested nature of results and no hard limit for consumption.
However, you will need an experienced counsel like defense attorneys from the Chesley lawyers to prepare your case, find evidence, and to identify the loopholes in the preliminary record of pull over.
According to VC 23152 (a), it is illegal for any person to drive under the influence of alcohol.
As experienced defense attorneys, we have various instances of the successful defense of DUI marijuana cases.
The drug can be any controlled, illegal or prescription substance that can impair a person’s ability to drive a vehicle safely.
A hit and run case is when the driver after hitting another car(s) or damaging the property did not stop and left the scene without notifying other drive or property owner and law enforcement.
You must consult an experienced defense lawyer for your legal representation in court to avoid conviction or to reduce charges to minimum.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
Rodrigo L. San Fernando, CA (Sherman Oaks Yelp Review)
I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Ricardo Esteves Los Angeles, CA (Los Angeles Google Places Review)
I left court yesterday with my last case being wrapped up. Two court appearances and that's it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Erica Geller Ontario, CA (Ontario Facebook review)
My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Elizabeth F. San Diego, CA (San Diego Google Places Review)
I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Leon Hanley Los Angeles, CA (Los Angeles Avvo review)
I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Britanny Givens Newport Beach, CA (Newport Beach Google Places)
I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David's knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn't charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Andrew A. North Hollywood, CA (Better Business Bureau review)
David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David's services again in the future.