Temecula | Murrieta Marijuana DUI
What is a Marijuana DUI?
Driving under the influence of marijuana is codified in Vehicle Code section 23152(f), which says that it is illegal for anyone to drive under the influence of any drug, including marijuana.
California does not have a per se limit of THC that can be in a person's blood when driving a car. Meaning, in California, the law says that if you have a BAC of .08% or greater, we can presume that you are under the influence. There is no equivalent limit for THC in California. Some states have enacted limits of 5 nano-grams per liter of blood, other states have zero tolerance statutes.
Accordingly, in California, the district attorney is required to prove that the amount of THC in your blood impaired your driving, and they can't rely on the blood test to simply show impairment. Presence of THC in blood is not proof of impairment, especially considering that THC is fat soluble and can stay in a person's blood for weeks or longer, depending upon patterns of use.
Generally, district attorneys rely on "Standardized Field Sobriety Tests," which have no known scientific value in measure THC impairment, a Drug Recognition Evaluation, and any bad driving, plus THC levels, to prove Marijuana DUIs in Temecula | Murrieta.
Your Temecula | Murrieta Marijuana DUI Attorney should be well versed in these basic scientific principles concerning Marijuana DUIs.
Do I have Defenses? Should I fight it?
Yes! You have defenses. Please click here to read about DUI defenses. Even if the defenses in your case aren't available, a local Temecula | Murrieta Marijuana DUI Attorney can help you resolve your case much more favorably than if you walked in and pled guilty without a lawyer.
Some of the best defenses to Marijuana DUIs are simply that presence of THC in the blood does not indicate impairment. Further, law enforcement should obtain a warrant before collecting a blood sample to test for THC. If they don't, then your rights have been violated and you have a defense.
What Happens to my Driver's License?
There are rarely consequences with the DMV for Marijuana DUIs, unless law enforcement alleges you refused a chemical test or the DMV thinks you are addicted to marijuana.
What is the Punishment for a Marijuana DUI?
The punishment for Marijuana DUIs is the same as regular DUIs, depending on whether it is your first, second, third or fourth offense, or someone was injured.
What Should I Do?
A Marijuana DUI arrest is stressful. Just know that you'll get through it. The most important thing you can do in the beginning is to quickly reach out to DUI Attorneys in your area (hire a local Temecula | Murrieta Marijuana DUI attorney) and decide which one you feel comfortable with.