DUI Marijuana

Criminal Defense Attorneys for Marijuana DUI in California

In the last several years, we have seen a sharp increase in the number of marijuana DUI cases. This can be attributed to several factors, including the proliferation of medical marijuana in the state of California, as well as people's comfort level with ingesting their medication while driving. Additionally, possession of less than an ounce of marijuana has been reduced from a misdemeanor offense to an infraction. If a person is stopped and the law enforcement smells marijuana or sees marijuana in the vehicle, as long as they find less than an ounce of marijuana, they will turn the focus of their attention to a marijuana DUI investigation.

If you or a loved one has been charged with marijuana DUI, do not wait to retain legal counsel. Contact us for a free consultation.

What Should I Expect in a Marijuana DUI Investigation?

The first thing that will occur is field sobriety testing. In many ways, field sobriety testing for marijuana DUI is quite similar to that of an alcohol DUI field sobriety test. Law enforcement will often ask you to walk outside the car, do a walk and turn test, or perform fingers to the nose and the horizontal gaze nystagmus. Marijuana DUI will include a few additional tests specific to marijuana intoxication, including checking your pulse and dilatation of your pupils. They may even bring in a DRE, a drug recognition expert, to do testing as well.

The next phase is the blood test. The officer may still have you blow in to a field PAS, or breathalyzer device, to determine if there is any alcohol present, but when you get to the station, they will administer a blood test to determine if there is any presence of Delta 9 THC in your bloodstream.

In the state of California, you do have the right to refuse that blood test. However, that is not a good idea. If you refuse the blood test, you will automatically lose your license for one year. And even if you refuse, they still have the right to forcibly draw the blood.

The presence of Delta 9 THC in your bloodstream is not a very effective way to determine impairment. However, the results of the field sobriety tests and the results of the blood test showing the presence, or lack thereof, of Delta 9 THC in the blood stream is provided to the district attorney for prosecution.

If you are charged with a marijuana DUI, it is important that you have the blood retested to determine the actual nanogram levels of Delta 9 THC, as that is a better gauge of impairment.

If you or a loved one has been charged with a marijuana DUI, contact us for a free consultation.

Learn more about specific charges on our narcotic offenses pages.

To Protect Your Rights, You Must Know Your Rights.

When you are arrested for any crime, felony or misdemeanor, you need to remember these five commandments:

  1. You have the right to remain silent- USE IT!
  2. The Fourth Amendment of the United States Constitution guarantees your right to free from unreasonable search and seizure. Always request to see a copy of a search warrant and realize that if the police have no warrant they will seek your consent to search. If you give them consent you have waived your 4th amendment rights. This gives the police the discretion to invade your privacy.
  3. You have the right to speak with an Attorney. If you ever in doubt as to any question or instruction given to you in the course of an investigation utilize this right.
  4. You have the right to trial in most cases. Many Lawyers go to great lengths to avoid taking their cases to trial, perhaps reassigning them to associate attorneys or hastily recommending guilty pleas. WE WILL TRY YOUR CASE!
  5. You have the right to be free from unreasonable bail. Always consult with an attorney before posting bail to determine the reasonableness of bail. Remember, you are entitled to a bail hearing.

Download our Miranda Rights response card in case of emergency

Typical criminal charges we defend: