Marijuana may be legal in California, but can you legally drive after using it? Here's what you need to know.
While marijuana is legal for recreational use in California, it's still illegal to drive under the influence of it under Vehicle Code 23152(f). Unlike alcohol, there is no clear legal limit for marijuana intoxication (like a blood alcohol content), so any level of impairment can lead to a DUI charge. A first-time DUI conviction can result in up to 6 months in jail, fines between $390 and $1,000, and a 6-month license suspension.
One client was pulled over for weaving on the highway after attending a party where marijuana was consumed. They believed they weren't impaired, but the officer arrested them for DUI after observing signs of intoxication. Our defense strategy involved challenging the subjectivity of the field sobriety tests used to justify the arrest. We also presented expert testimony about the variability in THC effects and metabolism, arguing that the client was not impaired at the time of the stop. These efforts led to the DUI charge being reduced to a lesser offense, allowing the client to avoid a license suspension.
Even though marijuana is legal, driving while impaired by it can still result in a DUI charge. Burga Law can help challenge the evidence and work to reduce the penalties.
Can You Legally Drive After Using Marijuana in California?
In recent years, California has seen a significant shift in its laws surrounding marijuana. Since the legalization of recreational use in 2016, many assume that using marijuana is now free from legal consequences. However, when it comes to driving, the rules remain strict. At Burga Law, our Criminal Defense attorneys in Rancho Cucamonga, CA have helped many individuals facing marijuana-related DUI charges, and it's essential to understand the legal landscape surrounding this issue.
Marijuana and DUI Charges in California
While marijuana is legal for adults to use recreationally, driving under the influence of it is still very much illegal. Under Vehicle Code 23152(f), driving while impaired by drugs, including marijuana, can result in a DUI charge. Unlike alcohol, where a blood alcohol content (BAC) of 0.08% serves as the legal limit, marijuana does not have a standardized limit. Any amount of THC, the psychoactive component in marijuana, could potentially lead to a DUI if law enforcement determines that your ability to operate a vehicle is impaired.
Penalties for a Marijuana DUI
A first-time conviction for a marijuana DUI in California can carry harsh penalties, including:
- Up to 6 months in jail.
- Fines ranging from $390 to $1,000.
- 6-month driver's license suspension.
These penalties can have a long-term impact on your life, from job prospects to insurance rates. If you're facing these charges, you need a dedicated **Criminal Defense attorney in Rancho Cucamonga** to build a strong defense.
Real Case Example: A Strategic Defense Against Marijuana DUI
One of our recent clients at Burga Law was pulled over on suspicion of DUI after attending a social gathering where marijuana was consumed. They were stopped for minor traffic violations, such as weaving within the lane, but believed they were not impaired. However, after a roadside sobriety test, the officer decided to arrest them for driving under the influence of marijuana.
In defending this case, we employed a multi-faceted strategy:
1. Challenging Field Sobriety Tests: Field sobriety tests (FSTs) are often subjective and can be influenced by many factors other than intoxication, such as anxiety, medical conditions, or fatigue. We challenged the officer's reliance on these tests, showing that the client's performance was not indicative of impairment by marijuana.
2. Expert Testimony on THC Effects: We also enlisted expert testimony to discuss the variability in THC's effects on individuals. THC metabolizes differently depending on body composition, tolerance, and frequency of use. We successfully argued that our client's THC levels did not impair their ability to drive at the time of the stop.
The result? We were able to get the DUI charge reduced to a lesser offense, avoiding a driver's license suspension and minimizing the penalties for our client.
Protect Your Rights with an Experienced Criminal Defense Attorney in Rancho Cucamonga
If you or someone you know is facing marijuana DUI charges, the consequences can be severe. Even though marijuana is legal for recreational use, the law is clear: driving under its influence is not. You need a skilled attorney who understands the nuances of **DUI defense in California** and can challenge the evidence effectively.
At Burga Law, we specialize in defending clients against DUI charges, particularly those involving marijuana. Our attorneys know the intricacies of the law and will work tirelessly to protect your rights. Whether by questioning the subjectivity of field sobriety tests or providing expert testimony on marijuana impairment, we will build the best defense possible.
Contact Burga Law Firm PC Today
If you're searching for a knowledgeable Criminal Defense attorney in Rancho Cucamonga, CA who can help you fight marijuana DUI charges, contact Burga Law. We will provide a free consultation to review your case and develop a personalized defense strategy to protect your future.
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