Question: Can I get a DUI in Van Nuys while on marijuana instead of alcohol? I was pulled over because I was driving without my headlights on, but it was not that dark. It had just started getting dark. The officer asked if I consumed alcohol and I told him I did not. He then asked me what type of drug I was on, assuming that I was high on something which was ridiculous. I told the Officer I was not on any drug.
He said my car smelled like marijuana, which it does, because I smoke weed all the time, but I was not under the influence of marijuana. He asked me to do a blood test, which I asked why since I was not drinking. Then he said that I had to because he suspected I was under the influence of marijuana. Is that even a thing? Can I get a DUI for marijuana?
Answer: Yes, it is possible under VC 23152(f) to get charged and convicted of driving under the influence of marijuana. If suspected of a dui for marijuana, they will usually request you do a blood test to determine levels of marijuana in your system as opposed to a breath test. There are defenses to marijuana DUI though. Even if you tested positive for marijuana, as there is no set level of “impairment” for marijuana DUI.
Further, the marijuana levels can stay in your system if you are a chronic smoker, even if you weren’t under the influence at the time of arrest.
Additionally, there may be a way to get your case dismissed based on no probable cause to pull you over in the first place. Feel free to call me at 818-336-1384 to discuss your case in more detail. My office is down the street from Van Nuys Court.
Criminal Defense & DUI Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, CA, San Fernando, CA, Burbank, CA Glendale, CA Pasadena, CA Metropolitan Court, Bellflower, CA, Alhambra, CA, Malibu, CA, Compton, CA, Santa Clarita, CA, Airport Court, Chatsworth, CA Inglewood, CA, Los Angeles, CA and other Courts.