Are you in danger of a California DUI charge involving marijuana?

May 03, 2017

KCRA Sacramento recently published an overview of marijuana use in California - what's legal, and what isn't. There are lines that people can unwittingly cross. Although recreational marijuana use is permitted in the state, it's legal only within certain boundaries; people may still get in trouble for marijuana use if they have too much in their possession, are under the age of 21, or attempt to sell it in an unauthorized way.


Marijuana use also opens up the possibility of a DUI charge. Many people incorrectly assume that a DUI arrest applies only to drinking, when in fact it encompasses other kinds of drug use.


Are you facing a California DUI charge involving marijuana?

If you're pulled over by law enforcement and suspected of driving under the influence of marijuana, the criminal penalties you face if convicted potentially include prison time, fines, driver's license suspension, and probation.


What evidence may be used against you? The police may note physical signs of marijuana use, such as delayed reaction times, dilated pupils, and the smell of marijuana on you; they'll also note anything erratic about your driving.


Furthermore, they can subject you to a chemical test (once you've been placed under arrest, refusing to take a test may lead to other penalties).


However, even if you've been pulled over and arrested for a DUI involving marijuana, keep in mind that there could be weaknesses in the evidence brought against you. For example, the chemical tests that law enforcement uses in cases of DUI for marijuana aren't reliable indicators of some very basic facts, including when you used marijuana and in what quantities; you can also question whether those quantities led to a driving impairment.


If you're facing a charge for DUI involving marijuana, don't hesitate to contact us. We'll carefully examine all the evidence and fight for your fair treatment by the courts. You shouldn't have to suffer a DUI conviction resulting from a flawed test or other evidence that doesn't hold up to scrutiny.

Category: DUID Defense

Michael Mitchell


Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.