Marijuana DUI Lawyer
Although the State of California has legalized marijuana, driving under the influence of marijuana is still illegal. If you or a loved one has been charged with a marijuana DUI, you should immediately content the experienced Marijuana DUI Lawyers at The H Law Group. The Marijuana DUI Lawyers at the H Law Group have extensive experience defending those who are charged with or are being investigated for driving while under the influence of marijuana. Our Marijuana DUI attorneys are here to fight for you; they will use the best arguments and negotiation skills to achieve the best possible outcome for you. Schedule your free consultation today by calling us at 888.499.4948.
What is a Marijuana DUI?
A marijuana DUI is a crime that’s committed when a person operates an automobile while he is under the influence of marijuana. A marijuana DUI is charged the same way a regular DUI based on drinking and driving is charged. Usually, a person who is charged with driving while under the influence of marijuana is charged with violating Vehicle Code Section 23152(f). For the prosecution to convict a person of a marijuana DUI, it must show that: (1) the defendant operated a motor vehicle, and (2) the defendant was under the influence of marijuana at the time he did so. For the prosection to convict you, it does not need to show that you broke other laws, such as speeding or causing an accident.
Were You Under the Influence?
As part of its case, the prosecution has to prove that you were driving a vehicle while you were under the influence of marijuana. That is, the prosecution must show that your mental abilities were compromised at the time you were driving and that you could not safely operate your automobile. Unless you’ve made incriminating statements that you were high while you were driving, proving this is quite difficult because marijuana is different than alcohol. In alcohol cases, driving while under the influence is proven by showing that you had a blood-alcohol level that was over the prescribed limit. Currently, in California, there is no threshold for showing impairment of marijuana; as such, absent incriminating statements by you, this is difficult to prove.
Also, the methods used to test an individual to determine whether he is intoxicated by marijuana are not reliable. Tests can show that you’ve smoked marijuana and that there is marijuana in your system; however, there is no way to prove that you were under the influence of marijuana at the time you were operating your vehicle. As such, prosecutors often rely on other evidence, such as your statement that you had been smoking. So, if you’ve been stopped for a DUI, do not make incriminating statements.