DUI Marijuana

DUI Marijuana

While California DUI laws primarly focus on alcohol, it is not limited to this substance. In fact the law covers all controlled substances including marijuana. In California it is illegal to operate a motor vehicle under the influence of any substance. A common misconception is the use of prescribed medicine including Medical Marijuana. California Vehicle Code 23152 (a) states: It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

A DUI Marijuana charge is easier to defend in court as the prosecution has a tougher measurement to achieve. While .08% BAC (blood alcohol content) level is presumed guilty with alcohol, there is no such measurement for marijuana. In fact, proving guilt is much more challenging, because of there is no agreement amongst scientists, the state and government, the line of guilt much more vague and tougher for the prosecution to prove their case. In fact your Stockton DUI Attorney recognizes this and uses Science and expert literature that shows the lack of scientific agreement on when marijuana causes inebriation. Of all the arguments made by defense lawyers, the best defense is the governments own National Highway Traffic Safety Administration of the U.S. Department of Transportation which published a cannabis safety study concluding that any effects from the use of Marijuana dissolve after one hour.

Heavy user of Marijuana? Sometimes available, not advisable! Is the heavy user defense? The concept is based on the idea that your constant heavy use of Marijuana builds a tolerance to impairment. The lack of sophistication and mistakes the prosecutions lab can make often reveal that you USED marijuana, not how much or how inebriated you were at the time of the arrest.

DUI MARIJUANA and ALCOHOL

The prosecution has a much easier time convicting drunk drivers if the presence of marijuana is found. The prosecution will argue that the use of both substances significantly increases impairment. A skilled attorney will be able to argue technicalities and use this to your favor. Speaking with a skilled DUI attorney will only help you and your case.