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While medical marijuana is legal in California, driving under the influence of marijuana is not. If you have been pulled over and arrested for marijuana-related DUI, you should immediately contact an Orange County DUI attorney a the Law Offices of Virginia L. Landry. You have rights and we are here to protect them!
Measuring Marijuana Intoxication
Unlike alcohol-related DUI, there is no reliable scientific way to test intoxication levels when it comes to marijuana. While chemical tests can detect the presence of marijuana metabolites in the blood or urine, the fact that these compounds can stay in the body for weeks after marijuana consumption does not prove whether a driver was impaired at the time of their citation. Whereas a BAC of .08% is the legal limit for alcohol, there is no “legal limit” for a substance that affects everyone differently. Tests for marijuana usage are therefore not reliable when it comes to proving DUI.
Penalties for Marijuana DUI in California
Driving under the influence of marijuana, whether legally or illegally obtained, is a crime in the state of California. This means that even if you use marijuana for legitimate medical purposes, you can still be prosecuted if a police officer believes that you were intoxicated while you were driving.
For a first offense, individuals convicted of marijuana DUI in California may face between 96 hours and six months in jail, a fine of up to $1,000, a license suspension of up to six months, and potential installation of an ignition interlock device after regaining driving privileges. Subsequent offenses result in even harsher penalties, including: increased jail time and potential probation.
Contact an Orange County Marijuana DUI Lawyer
Because there is no scientific, objective way to prove impairment, determining whether a driver is intoxicated is highly subjective. Your future shouldn’t depend on subjective evidence! If you are being accused of a marijuana-related driving offense, immediately contact our firm. Attorney Virginia Landry is a Board Certified DUI Defense Specialist with decades of experience. She has been helping people have their DUI charges reduced or dismissed since she first opened her firm in 1989.