Sunday, November 24, 2024
The Latest DUI News and Information From DUI Defense Attorneys Across the Country

Can a Person Be Arrested for DUI if Caught Driving While Under the Influence of Marijuana?

According to California Vehicle Code 23152(e) VC, it is against the law for any person to drive while under the influence of marijuana. However, because it is much more difficult to determine impairment by the amount of THC in a person’s bloodstream than it is to determine impairment by the amount of alcohol in a person’s body, it can be difficult for law enforcement officers to prove a person was actually impaired by marijuana while driving.

Before a person is convicted of marijuana DUI, a prosecutor must prove the three following factors:

  1. That person was operating the vehiclemarijuana DUI 2
  2. That person was under the influence of marijuana
  3. Because the person was under the influence of marijuana, they were so impaired that they were unable to drive with the caution and cognitive abilities of a sober person practicing ordinary care under the same circumstances

If, however, the person is arrested and convicted of marijuana DUI, that person can face heavy fines and serious consequences, such as the following:

  • Probation for three to five years
  • County jail sentence between 96 hours and six months
  • Fines up to $1,000.00
  • Driver’s license suspension or up to six months

Why You Should Retain Legal Representation After a Marijuana DUI Arrest

If you were arrested for driving under the influence of marijuana, it is important you seek experienced legal counsel right away. A seasoned attorney may be able to examine your chemical, blood, or urine tests to determine you were not actually under the influence of marijuana or impaired due to marijuana at the time of arrest. Additionally, your legal defense may be able to recover your Field Sobriety Test results and any police statements to prove that your charge may be invalid.

Contact the Law Offices of Virginia L. Landry, Inc. For Strategic Defense

At the Law Offices of Virginia L. Landry, Inc., our Orange County marijuana DUI defense lawyers can stand by your side and form a strategic defense to protect your future and rights. Because we know California has some of the strictest DUI laws in the country, we work diligently to see that our clients are cared for from beginning to end. No matter what your case may be, we will examine every aspect of your case in order to protect your freedom

Don’t wait another second to get the experienced legal representation you need. Call our Orange County marijuana DUI defense attorneys today for a risk-free consultation or fill out a free consultation form online!

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Virginia Landry

Virginia L. Landry is founder of the Law Offices of Virginia L. Landry, Inc., a recognized and proven criminal and DUI defense law firm serving clients throughout Orange County. Ms. Landry is Board Certified in DUI Defense from the National College for DUI Defense (NCDD) and the past Board of Director of the Orange County Bar Association. She remains committed to defending the rights and futures of her clients, and has built a reputation for her honest and aggressive advocacy.

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