DUI for Marijuana in California

By: Wallin & Klarich

DUI Marijuana CaliforniaDriving under the influence: It is unlawful to drive a motor vehicle while under the influence of marijuana (or alcohol or any other drug, whether it is prescribed, recommended or illegal) by Vehicle Code 23152. “Under the influence” is defined as a result of taking a drug, the person’ s mental or physical abilities are so impaired that the person is no longer able to drive a motor vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

Therefore the mere fact of having taken a hit of marijuana does not necessarily mean one’s level of impairment is to the level of a DUI. For evidence of impairment, officers may request the driver of the vehicle perform field sobriety tests, including a Preliminary alcohol screening test. While this test will only detect the levels of alcohol in your system, arrestees may also be required to submit to their choice of a urine or blood test under Vehicle Code 23612.

Since marijuana is detectable for much longer periods in urine than in blood up to several hours, a positive urine test constitutes much weaker proof of recent use and impairment than a positive blood test.

Facing DUI Charges? Call Wallin & Klarich

A DUI conviction can have a major impact on the rest of your life. But it doesn’t have to. Call our DUI defense attorneys at Wallin & Klarich today so we can begin helping you with your case. At Wallin & Klarich, our skilled attorneys can help you obtain the best possible outcome in your case. We have been successfully defending our clients facing DUI charges in California for over 30 years. Let us help you now.

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Posted In: DUI & Drunk Driving