Law Advocate Group, LLP 
With the legalization of recreational marijuana in California, driving under the influence (DUI) of marijuana has become a growing concern. Many drivers mistakenly believe that because marijuana is legal, it won’t lead to DUI charges. However, California law treats marijuana DUIs similarly to alcohol-related DUIs. In this blog post, we’ll explain how marijuana DUIs are determined, the legal consequences, and how you can protect your rights if charged.
How Is Marijuana DUI Determined?
Unlike alcohol DUIs, where a blood alcohol concentration (BAC) of 0.08% is the legal limit, California does not have a specific threshold for marijuana impairment. Instead, law enforcement officers use a combination of:
- Field sobriety tests
- Observations of impairment
- Blood or urine tests
Signs Officers Look for in Marijuana DUI Stops
Police officers are trained to look for signs of impairment, including:
- Red or bloodshot eyes
- Delayed reaction time
- Slurred speech or confusion
- Unusual driving behavior (weaving, slow driving, abrupt stops)
Can You Refuse a Marijuana DUI Test?
Under California’s implied consent law, drivers must submit to a blood or urine test if arrested for DUI. Refusing a test can lead to:
- Automatic license suspension
- Additional penalties
- Potential DUI conviction based on officer observations
Are Marijuana DUI Tests Accurate?
Marijuana affects individuals differently, and THC (the psychoactive compound in cannabis) stays in the bloodstream long after impairment has worn off. This makes blood and urine tests unreliable in proving actual intoxication at the time of driving.
Penalties for a Marijuana DUI in California
A first-time marijuana DUI can result in:
- Fines of up to $1,000
- License suspension for up to six months
- Mandatory DUI education programs
- Possible jail time
Aggravating Factors That Can Increase Penalties
Certain factors can lead to harsher penalties, including:
- Prior DUI convictions
- Accidents or injuries caused while driving high
- Driving with a minor passenger while under the influence
How to Defend Against a Marijuana DUI Charge
If you are arrested for a marijuana DUI, it’s important to seek legal representation immediately. Common defenses include:
- Challenging the validity of the traffic stop
- Questioning the accuracy of sobriety tests
- Proving that THC levels do not indicate impairment
A marijuana DUI charge in California can have serious consequences, but with the right legal defense, you may be able to fight the charges. If you’ve been arrested for a marijuana DUI, Law Advocate Group, LLP can help protect your rights and build a strong defense. Contact us today for expert legal assistance.
