What can I do for driving while intoxicated on marijuana?

Question: What can I do for driving while intoxicated on marijuana?

Answer: You should hire an attorney to fight the case.  I would need to know more details about your case, but marijuana DUI’s are often very defensible.   Unlike Alcohol DUI’s, there is what is known as a “Per Se” law under VC 23152(b) which states that it is illegal to drive with a .08 or higher blood alcohol level.  So often times in Alcohol DUI cases, there are two charges, VC 23152(a) Driving under the influence of alcohol, and VC 23152(b) driving with a .08 or higher blood alcohol content level.

Marijuana DUI’s in that aspect are distinguishable.  As of the time this question is answered, there is no current law in California as to a set amount of marijuana in a persons system which would make it illegal to drive.  To put it another we, at this time there is no “Per Se” driving with marijuana in your system law.  Therefore, if the only issue is marijuana DUI (not combined alcohol and marijuana, and no other separate issues), there will likely only be one charge of VC 23152(f).

Further, there are a lot of variables with marijuana including tolerance level.  This means that for example one person who never smokes marijuana could smoke a little marijuana and their driving be impaired by it, whereas someone who smokes regularly would not be.  Additionally, marijuana can stay in the system for extended periods of time long after any effects are felt, particularly for people who regularly smoke or consume marijuana.  Finally, similar to DUI alcohol cases,both the field sobriety tests and blood test results can be challenged as being unreliable.

For more information on DUI defense click here:  Defending your DUI.  Feel free to call me at 818-336-1384 to discuss your case in more detail.

Sincerely, Philip Hache, DUI Defense Attorney