Marijuana DUI is more complicated than simply getting behind the wheel after consuming too much alcohol, and it can result in serious consequences if you are charged with this crime in California. To avoid legal trouble, make sure to follow these simple tips on the dos and don’ts of marijuana DUI in California to make sure you stay out of trouble.
What Is Marijuana DUI?
Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious criminal offense. However, with marijuana legalization spreading throughout America, drivers may be wondering: how do you get charged with marijuana DUI? In California, marijuana is decriminalized. Drivers cannot be arrested for possession of less than one ounce of marijuana. This amount will result in an infraction, similar to a speeding ticket. For all other amounts, which are misdemeanors, penalties may include up to six months in jail and/or fines up to $500 if convicted.
However, according to a DUI lawyer from The Gellar Firm, “if you are caught driving under the influence of marijuana, it is likely because you have been pulled over for suspicion of DUI”. Most state police officers use a device called a Drager 5000 as part of their standard procedure when making traffic stops. The device can test saliva within minutes and determine THC concentration levels within nanograms per milliliter (ng/ml). Another test used by police officers determines whether drugs have been ingested at any point within two hours prior to testing.
Marijuana Blood Concentration Limits
Currently, there is no established limit on how much THC (tetrahydrocannabinol) can be present in your blood while driving. The law only prohibits a person from driving a vehicle if he or she is under the influence of marijuana. A blood test will show whether a driver has recently used marijuana, but not necessarily whether that person is currently impaired. In order to convict someone of a drugged driving offense, prosecutors must show that his or her physical and mental abilities were impaired by drugs at the time he or she was driving. This makes it difficult for officers to determine whether someone is too stoned to drive until they have pulled them over and arrested them. It also means it’s hard for officers to tell when someone could become high enough to impair their ability as they are making their way behind the wheel.
How Much Marijuana Am I Legally Allowed to Consume?
First, you must be 21 years old or older to consume marijuana legally. There is a 5 nanogram per milliliter limit on THC concentration for drivers aged 21 and older. For those under 21 years old, there is no legal framework governing how much pot you can smoke before driving. For any adult over 21 who chooses to smoke weed regularly, it’s highly recommended that they don’t drive — regardless of how much they’ve smoked. Drivers can still face hefty fines and possible jail time even if their THC levels are below five nanograms if they fail any other type of drug test.
What Should I Do If I’m Arrested for Marijuana DUI?
If you are arrested for driving under the influence of marijuana, there is a chance that you may be charged with both a misdemeanor or felony charge. The penalties can range from a few days to years in jail, fines, probation, community service, drug counseling and more. A conviction could also mean jail time (at least two days) plus fines (at least $390). To avoid these consequences it’s best to speak with an experienced attorney right away. Also don’t talk to police without your lawyer present, because anything you say can be used against you later. Another important point: don’t let anyone drive your car home if they’ve been smoking pot! This advice is especially important if other people were around when they were smoking, because their reactions while high will likely put them at risk too! Never drive stoned; it’s safer not to even get behind the wheel at all!
When Should I Hire A Lawyer?
When you’re pulled over for a suspected DUI, it’s crucial to remember that you have constitutional rights, including your Fifth Amendment right to remain silent. In addition, if you’re under 21 or have had a drinking violation before, there are other penalties that can be levied against you. If you feel like your rights were violated during your arrest or if you feel like your blood alcohol content (BAC) was inaccurately measured by police equipment, consider hiring an attorney. They will be able to handle everything for you so that all you need to do is follow their instructions at court. After all, as long as everything is going well, who needs a lawyer? But just because things seem good doesn’t mean they necessarily are—and sometimes having legal counsel helps prevent bigger problems down the road.
How Can A Lawyer Help Me Fight My Marijuana DUI Charges?
If you’ve been charged with driving under the influence (DUI) while under the influence of marijuana, contact an experienced lawyer immediately. A knowledgeable attorney can help you build a solid defense to fight your charges. For example, an experienced criminal defense attorney may be able to assert that (1) there was insufficient evidence for a reasonable suspicion stop; or (2) any observed signs were consistent with another medical condition. The sooner you retain counsel, however, the better positioned he/she will be to guide your case effectively from start to finish.
Know Your Rights and Ensure You Have Representation if You Face Marijuana DUI Charges
When it comes to driving under the influence, there are many marijuana users who believe that their high will not put them at risk on the road. However, according to numerous studies from a variety of sources including government organizations such as NHTSA (National Highway Traffic Safety Administration), and private entities like AAA (American Automobile Association), impaired drivers pose a significant danger to themselves and others on our roads. It’s important to remember that just because you’re able to get behind the wheel doesn’t mean you should do so. Your safety and that of other drivers is too important to gamble with.