Driving Under the Influence of Marijuana

According to Vehicle Code 23152(f) VC, “it is unlawful for a person who is under the influence of any drug [including marijuana] to drive a vehicle.” Given that the recreational use of marijuana became legal in California, the law accordingly deals with individuals who drive impaired under its influence. Impaired in this sense is defined as being unable to operate a vehicle with the same sense of caution and rationality as a sober driver. So what’s the eal with driving under the influence of marijuana?

Defences Against DUI Marijuana Charges

If an individual is pulled over and charged with driving under the influence of marijuana, with the help of an experienced criminal attorney, they can fight the charges. Possible defenses that can be used to prove that the individual has been incorrectly charged with such a DUI includes proving that the aforementioned individual was not the person operating the vehicle, they were not under the influence of marijuana at all, or they had used marijuana previously and now are no longer under the influence.

Penalties for DUI Marijuana Charges

As with other DUI charges, as the number of past convictions increase, so do the penalties. For a first offense of DUI of marijuana, an individual faces up to $1000 in fines, up to six months in a county jail, and up to 10-month suspension of the driver’s license. As the number of offenses increases, the penalty changes from simply a DUI of marijuana to a misdemeanor or felony DUI of marijuana with injury. The worst case is a felony DUI of marijuana. This end of the range is accompanied with punishment including up to three years in a state prison facility, up to $1000 in fines, and a 4-year suspension of the driver’s license.