While Marijuana is both decriminalized and fully legal in California, the state does make it illegal to drive a vehicle while under any amount of any drug, including marijuana. However, there are also a great deal of inappropriate arrests in California, as law enforcement may arrest a person who smells of marijuana during a traffic stop, even if they are not actually impaired.
While this is illegal, it still results in many people being arrested for “Drug DUIs” every year.
San Diego Lawyer for Marijuana DUI
Attorney Michael Cindrich has decades of experience protecting clients in DUI cases, including in cases involving marijuana and other drugs. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and of course San Diego proper.
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What Are the Specific Laws on Marijuana DUI in California?
There is no specific “Marijuana DUI” law in California. However, California law does address drug-based DUI’s under Vehicle Code §23152(f), which makes it unlawful for any person to drive a vehicle while under the influence of any drug, including marijuana. This law applies whether the driver is impaired by recreational or medical marijuana. Additionally, Vehicle Code §23152(g) prohibits driving under the combined influence of alcohol and drugs, which often includes marijuana.
The law does not specify a legal limit for THC (the active component in marijuana), unlike the 0.08% blood alcohol concentration (BAC) limit for alcohol. Instead, it relies on evidence of impairment, such as observations by law enforcement, field sobriety tests, and toxicology reports.
Jury Instructions for Marijuana DUI Cases?
For a Marijuana DUI charge under Vehicle Code §23152(f), the prosecution must prove two key elements beyond a reasonable doubt:
- The defendant drove a vehicle.
- At the time of driving, the defendant was under the influence of marijuana, or a combination of alcohol and marijuana, as per Vehicle Code §23152(g).
The jury relies on evidence, such as:
- Results of blood or urine tests.
- Police observations of driving patterns (e.g., swerving or speeding).
- Behavior and physical condition during a traffic stop (e.g., red eyes, smell of marijuana, or slurred speech).
- Results of field sobriety tests (e.g., walking in a straight line or standing on one leg).
California jury instruction CALCRIM 2110 emphasizes that the prosecution must demonstrate impairment that affects the ability to drive safely, rather than the mere presence of THC in the bloodstream.
What Are Lesser Included Offenses for Marijuana DUI?
Lesser included offenses to a Marijuana DUI may include:
- Simple possession of marijuana: Under Health and Safety Code §§11350 and 11377, this applies if an individual is found with a usable amount of marijuana but without intent to drive under its influence.
- Being under the influence of a controlled substance: Defined under Health and Safety Code §11550, this offense involves using or being under the influence of marijuana without driving.
- Driving while addicted to a drug: Addressed in Vehicle Code §23152(c), this applies when a person with a recognized addiction drives, even if they are not impaired at the time.
Penalties for Marijuana DUI in California
The penalties for a Marijuana DUI in California depend on the severity of the offense and whether it is a repeat violation. For a first offense, individuals may face fines of up to $1,000 in addition to court fees, a six-month driver’s license suspension, and mandatory enrollment in a three-month DUI education program.
Second or third offenses carry more severe consequences, including increased fines, license suspensions of up to two years, jail time ranging from 96 hours to one year, and mandatory participation in extended DUI education programs lasting up to 30 months.
Felony Marijuana DUI charges, typically associated with causing injury or involving multiple prior offenses, can result in prison sentences of up to three years, hefty fines, and permanent revocation of driving privileges.
Beyond these legal repercussions, defendants often face probation conditions, installation of ignition interlock devices, and significantly higher insurance premiums. Judges may offer probation as an alternative to jail for first-time offenders, provided they comply with terms such as attending education programs and avoiding further violations.
Additionally, DUIs, especially drug-based DUIs, can result in the loss of professional licenses and difficulty in finding employment.
Common Questions About Marijuana DUI in California
How is marijuana DUI different from alcohol DUI? Unlike alcohol, marijuana lacks a defined legal limit, making impairment more subjective.
Can I be charged with DUI if I have a medical marijuana card? Yes, impairment while driving is prohibited, regardless of the legality of use.
How is impairment proven without a THC limit? Evidence includes officer observations, driving behavior, and physical symptoms.
Are blood tests accurate for detecting marijuana impairment? Not always—THC can remain in the bloodstream long after impairment subsides, making test results potentially misleading.
What Should I Do to Protect My Rights If I’m Suspected of Marijuana DUI?
If stopped or arrested for a Marijuana DUI, follow these steps to protect your rights:
- Remain Silent: Do not admit to marijuana use or answer incriminating questions. Even if you have used marijuana, this does not mean that you have been impaired.
- Cooperate With Basic Requests: Provide your license, registration, and proof of insurance.
- Decline Field Sobriety Tests: These are voluntary and often used as evidence against you.
- Request a Lawyer: Contact an attorney immediately to begin building your defense.
- Document the Incident: Write down details of the stop, including officer behavior and statements, as soon as possible.
Additional Resources
California Marijuana DUI Laws
This source provides detailed jury instructions regarding Marijuana DUI offenses in California, including definitions, key elements of the law, and procedural guidance for criminal trials. It is a valuable resource for understanding how California courts interpret and apply laws like Vehicle Code §23152(f) and §23152(g) in Marijuana DUI cases.
San Diego City Attorney’s Office Specialized DUI Team
This document explains how the San Diego City Attorney’s Office uses grants to fund a team dedicated to prosecuting drug and alcohol DUI cases. It covers the challenges of prosecuting drugged driving cases and provides insights into how marijuana and prescription drug DUIs are handled in San Diego.
NORML Overview on Drugged Driving Laws
NORML outlines California’s laws regarding driving under the influence of drugs, including marijuana.
Hire an Attorney for Marijuana DUI in San Diego County, CA
Attorney Michael Cindrich has decades of experience protecting clients in DUI cases, including in cases involving marijuana and other drugs. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and of course San Diego proper.