A marijuana DUI charge can have serious consequences, even though marijuana is legal for many adults in California. If you are accused of driving while impaired by cannabis, an experienced Van Nuys marijuana DUI attorney can help you protect your rights, challenge the prosecution's evidence, and pursue the best possible outcome.
At My Rights Law Criminal Defense and DUI Lawyers, we defend clients facing marijuana DUI charges throughout Van Nuys and the surrounding communities. Our attorneys carefully analyze every aspect of the investigation, identify weaknesses in the prosecution's case, and fight to protect your freedom and driving privileges.
Call 818-418-1494 today to schedule a free consultation with an experienced Van Nuys marijuana DUI attorney.
Marijuana DUI cases are often built on subjective observations rather than objective scientific evidence. Unlike alcohol-related DUI cases, prosecutors cannot rely on a specific THC limit to establish impairment. At My Rights Law Criminal Defense and DUI Lawyers, we carefully review every stage of the investigation, from the initial traffic stop to the chemical testing procedures, to determine whether the evidence supports the charges.
Depending on the circumstances, our legal team may:
Every marijuana DUI case presents unique legal issues, and we tailor our defense strategy to the specific facts surrounding your arrest.
California law allows many adults to legally possess and use marijuana, but legalization does not permit someone to drive while impaired. Like alcohol-related DUI cases, the focus is on whether the driver's ability to operate a vehicle safely was affected.
Using marijuana does not automatically result in a DUI.
The key question is whether you were actually impaired at the time you were driving. Because the effects of cannabis vary based on factors such as the amount consumed, the method of use, individual tolerance, and the passage of time, two people who use the same product may experience very different levels of impairment.
This distinction is important because prosecutors cannot rely solely on evidence that you used marijuana earlier in the day. Instead, they must present evidence showing that your ability to operate a vehicle safely was impaired when the alleged offense occurred. An experienced Van Nuys marijuana DUI attorney can challenge whether the prosecution has sufficient evidence to meet that burden.
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.
However, unlike alcohol DUI cases, California law does not establish a legal THC concentration that automatically proves someone was driving under the influence.
Unlike alcohol DUI prosecutions, marijuana DUI cases usually rely on a combination of observations and circumstantial evidence rather than a single chemical test. Prosecutors attempt to show that your driving ability was impaired based on the totality of the circumstances.
Evidence commonly used includes:
No single piece of evidence automatically proves impairment. An experienced defense attorney can carefully evaluate each aspect of the prosecution's case and challenge evidence that is unreliable, inconsistent, or obtained unlawfully.
Marijuana DUI cases are often more complicated than alcohol DUI cases because there is no scientific equivalent to California's 0.08% blood alcohol concentration standard. THC affects individuals differently based on factors such as body chemistry, frequency of use, dosage, and the method of consumption. In addition, THC and its metabolites may remain detectable in the body long after any impairing effects have ended.
Because there is no universally accepted THC threshold that establishes impairment, prosecutors frequently rely on subjective evidence, including officer observations, field sobriety testing, and Drug Recognition Expert evaluations. This often creates opportunities for an experienced defense attorney to challenge whether the evidence actually demonstrates impairment beyond a reasonable doubt.
A marijuana DUI is generally prosecuted under the same California DUI laws that apply to alcohol-related DUI offenses. The penalties depend on factors such as whether it is your first DUI, whether you have prior convictions within the past 10 years, and whether the incident involved injuries or other aggravating circumstances.
A first marijuana DUI conviction may result in:
A second DUI conviction within 10 years generally carries more severe penalties, including:
A third or subsequent DUI conviction within 10 years may result in:
Not automatically. Since California legalized recreational marijuana for adults, the odor of marijuana alone does not necessarily give law enforcement probable cause to search every vehicle. Instead, officers must consider the totality of the circumstances, including whether there is evidence suggesting another crime has occurred or that the driver is currently impaired.
If police conducted an unlawful search, evidence obtained during that search may be challenged in court. An experienced marijuana DUI attorney can evaluate whether law enforcement had a legal basis for the search and determine whether your constitutional rights were violated.
Finding marijuana in your vehicle does not automatically prove you were driving under the influence. However, depending on the circumstances, officers may investigate further or issue additional citations if they believe other California laws have been violated.
For example, prosecutors may consider:
Simply possessing marijuana does not establish that you were impaired. Prosecutors must still prove beyond a reasonable doubt that marijuana affected your ability to drive safely at the time of the stop.
Get help immediately for your Marijuana DUI case.
Every marijuana DUI case is different, and the strongest defense depends on the facts surrounding your arrest. Because these cases often rely on subjective observations rather than a clear legal THC threshold, there may be several opportunities to challenge the prosecution's evidence.
Possible defenses include:
An experienced defense attorney can evaluate every aspect of the investigation and identify weaknesses that may support a reduction or dismissal of the charges.
The decisions you make after your arrest can significantly affect your case. Taking the right steps early can help protect your legal rights and preserve important evidence.
If you are arrested for a marijuana DUI:
Speaking with an attorney early allows you to understand your legal options before making decisions that could affect the outcome of your case.
If you have been arrested for driving under the influence of marijuana, do not assume the prosecution's evidence is impossible to challenge. An experienced Van Nuys marijuana DUI attorney can review your case, 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 Van Nuys and the surrounding communities. Call 818-418-1494 today to schedule a free consultation with an experienced Van Nuys 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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