If you have been arrested for driving under the influence of marijuana, an experienced Riverside marijuana DUI attorney can help protect your rights and challenge the evidence against you. Although recreational marijuana is legal for many adults in California, it is still illegal to drive while impaired by cannabis under California Vehicle Code § 23152(f). A conviction can result in jail time, fines, license consequences, and a permanent criminal record.
At My Rights Law Criminal Defense and DUI Lawyers, we defend clients facing marijuana DUI charges throughout Riverside and the surrounding communities. Our attorneys thoroughly examine the traffic stop, chemical testing, and every piece of evidence to build the strongest possible defense.
Call 951-900-3335 today to schedule a free consultation with an experienced Riverside marijuana DUI attorney.
Marijuana DUI cases are often more complicated than alcohol-related DUI cases because there is no legal THC limit that automatically establishes impairment. Prosecutors frequently rely on an officer's observations, field sobriety tests, Drug Recognition Expert (DRE) opinions, and blood test results to argue that a driver was under the influence.
At My Rights Law Criminal Defense and DUI Lawyers, we carefully review every aspect of the investigation to determine whether law enforcement followed proper procedures and whether the evidence actually proves impairment.
Depending on the circumstances, our legal team may:
Every marijuana DUI case is unique, and we tailor our defense strategy to the specific facts surrounding your arrest.
California law distinguishes between the legal use of marijuana and driving while impaired by marijuana. While adults may legally possess and use cannabis under certain circumstances, they may not operate a vehicle if marijuana has impaired their ability to drive safely.
Not necessarily. Simply using marijuana before driving does not automatically violate California law. The issue is whether the drug impaired your mental or physical abilities to the extent that you could no longer drive with the caution expected of a sober person under similar circumstances.
Because marijuana affects individuals differently, prosecutors must prove actual impairment rather than merely showing that THC was present in your system.
Under California Vehicle Code § 23152(f), it is unlawful for a person who is under the influence of any drug to drive a vehicle. Marijuana falls within this provision because it is considered a drug capable of impairing driving ability.
Unlike alcohol DUI cases, however, California law does not establish a specific THC concentration that automatically proves a driver was under the influence.
A marijuana DUI arrest does not automatically result in a conviction. Like every criminal case, prosecutors must prove each element of the offense beyond a reasonable doubt.
Generally, the prosecution must establish that:
This distinction is important because the presence of THC alone does not establish guilt. A blood test showing marijuana metabolites is only one piece of evidence. Prosecutors must still prove that you were actually impaired at the time you were driving. An experienced marijuana DUI attorney can challenge whether the available evidence truly meets that burden.
Unlike alcohol DUI investigations, marijuana DUI cases often rely heavily on an officer's observations because there is no universally accepted chemical test that measures current marijuana impairment. Officers typically look for physical signs of impairment and gather evidence throughout the traffic stop before deciding whether to make an arrest.
During a marijuana DUI investigation, officers may consider:
Because these investigations often involve subjective observations, an experienced attorney can carefully examine whether the officer's conclusions are supported by the evidence and whether proper investigative procedures were followed.
Unlike alcohol DUI cases, California does not have a legal THC limit that automatically establishes impairment. Instead, prosecutors must prove that marijuana actually impaired your ability to drive safely at the time of the alleged offense. This is because THC affects individuals differently and can remain in a person's blood long after its impairing effects have worn off. A positive blood test alone does not necessarily mean you were under the influence while driving.
Because there is no per se THC limit, marijuana DUI cases often rely on a combination of evidence, including the officer's observations, your driving behavior, field sobriety test performance, Drug Recognition Expert (DRE) testimony, and chemical test results. An experienced attorney can challenge whether that evidence actually proves impairment beyond a reasonable doubt.
A marijuana DUI is generally prosecuted under the same California DUI laws that apply to alcohol-related offenses. The penalties depend on factors such as whether it is your first offense, whether you have prior DUI convictions, and whether the incident involved injuries or other aggravating circumstances.
A first-time marijuana DUI conviction may result in:
If you have one prior DUI conviction within the past 10 years, the penalties become more severe and may include:
A third or subsequent DUI conviction within 10 years may carry:
Quick response and strong defense for Marijuana DUI.
A marijuana DUI can affect both your criminal case and your driving privileges, but these are separate proceedings. If the DMV takes action against your license, you may have the right to challenge that action through an administrative process that is independent of your criminal case. The outcome in one proceeding does not automatically determine the outcome in the other.
Because license consequences can significantly affect your daily life, it is important to speak with an attorney as soon as possible after your arrest to determine what deadlines apply and what options may be available.
If your case involves DMV administrative action, the hearing provides an opportunity to challenge the suspension or other action against your driving privilege. This proceeding is separate from your criminal case and focuses on issues within the DMV's authority.
During the hearing, your attorney may:
Successfully defending your driver's license often requires prompt action, so it is important to consult an attorney as soon as possible after your arrest.
Yes. A blood test is not required for prosecutors to pursue or obtain a marijuana DUI conviction. While chemical test results may be introduced as evidence, prosecutors often rely on the totality of the circumstances to argue that a driver was impaired.
That evidence may include:
Because much of this evidence is subjective, an experienced defense attorney can challenge whether it reliably demonstrates impairment beyond a reasonable doubt.
Generally, no. Although California permits the lawful use of medical marijuana under certain circumstances, having a valid medical marijuana recommendation does not allow someone to drive while impaired.
Like any other driver, a medical marijuana patient may still be arrested and prosecuted if prosecutors believe the drug affected their ability to operate a vehicle safely. The issue is not whether the marijuana was legally obtained, but whether it impaired your driving.
The strongest defense depends on the facts of your case. Because marijuana DUI prosecutions often rely on subjective observations rather than a specific legal THC threshold, there may be multiple opportunities to challenge the prosecution's evidence.
Possible defenses include:
The steps you take after an arrest can significantly affect your case. Protecting your rights begins immediately.
If you are arrested for a marijuana DUI:
If you have been arrested for driving under the influence of marijuana, do not assume a conviction is inevitable. An experienced Riverside marijuana DUI attorney can review the evidence, explain your legal options, and build a defense designed to protect your freedom, your driver's license, and your future.
At My Rights Law Criminal Defense and DUI Lawyers, we aggressively defend clients facing marijuana DUI charges throughout Riverside and Southern California. Call 951-900-3335 today to schedule a free consultation with an experienced Riverside marijuana DUI attorney.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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