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DUI Marijuana: California Vehicle Code 23152(a)

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

  • Probation for three (3) to five (5) years,
  • Jail term between 96 hours to six months.
  • A financial penalty of $390 to $1000
  • And A suspension of the driving license for up to six months.

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.

DUI Alcohol

DUI Alcohol

According to VC 23152 (a), it is illegal for any person to drive under the influence of alcohol.

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DUI Marijuana

DUI Marijuana

As experienced defense attorneys, we have various instances of the successful defense of DUI marijuana cases.

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DUI Drugs

DUI Drugs

The drug can be any controlled, illegal or prescription substance that can impair a person’s ability to drive a vehicle safely.

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Hit and Run

Hit & Run

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.

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Drunk in public

Drunk in Public

You must consult an experienced defense lawyer for your legal representation in court to avoid conviction or to reduce charges to minimum.

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Driving Without a License

The situation and circumstances of your charges play an important role in determining the conviction and penalty.

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Recent Results

  • 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!

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