Although recreational marijuana is legal in California for residents over
the age of 21, there are still restrictions involving the use of it while driving,
even if you have a prescription. According to California law, in order to be convicted of a DUI for marijuana,
you must be impaired to the extent that you lack the ability to drive
with the caution characteristic of a sober person under the same circumstances.
How You Can Get Charged
If you are pulled over, a cop who suspects you are under the influence
of marijuana can call in a Drug Recognition Evaluator (DRE) to look for
signs that you are impaired. Signs they look for include dilated pupils,
elevated pulse rate, elevated blood pressure, the smell of marijuana,
dry mouth, and short-term memory impairment. Unlike alcohol, there are
no set standards or immediate tests that law enforcement can use for marijuana
Marijuana DUI Punishments
If you are convicted of a marijuana DUI, there are a range of punishments
you may incur. A first-time DUI conviction can result in 3 to 5 years
of probation, up to 6 months in jail, fees and fines up to $1,000, a 9-week
DUI school program and a 6-month suspension of your driver’s license.
A second offense carries harsher penalties.
Talk to a Temecula Criminal Defense Attorney Today
Consequences for driving while under the influence of marijuana can have
a lasting effect on your life. If you were recently arrested, you need
the legal assistance of our experienced
Temecula DUI lawyers at Hanson, Gorian, Bradford & Hanich. Our firm is committed to pursuing
your best interests no matter what legal issue you are facing. We have
the experience, resources and proven track record to litigate your case
and protect your rights.
or contact us online
for a free consultation about your case.