Can my son be charged for a DUI in California for smoking pot, then driving the next day?

Question:  My son was recently arrested for DUI based on marijuana.  He had no alcohol in his system.  My son told me, and I believe him, that although he smoked weed the day before his arrest had not consumed ANYTHING the day of his arrest.  He was pulled over for weaving but instead of giving him a citation they arrested him for DUI.  Can my son be charged for a DUI in California for smoking pot, then driving the next day??

Answer:  Hi.  I am sorry to hear about this, and I understand how frustrated you and your son are about this arrest.  It is possible that he can be charged with a DUI in this instance, but with those facts, a good attorney can likely get those DUI charges dismissed. Did he submit to a breath test and a urine test? Or just a blood test?  Or, did was there no chemical test in involved?  Also, did he perform Field Sobriety tests prior to getting arrested, or after getting arrested (known as DRE’s)?   How old is your son?

I answered you question, but followed it up with questions of my own.  Call me to discuss your son’s case in more detail.  Once I know more information I can better assess his situation and case.  I have handled many marijuana DUI cases and have a successful track record getting favorable results.

Phil Hache
DUI & Criminal Defense Attorney
ph:  818-336-1384