In California a DUI brings with it an entire set of various penalties and those penalties can vary based on the blood alcohol content (BAC) at the time of the arrest. Often, our clients face additional charges like drug possession in addition to their DUI. A drug possesion charge is an additional charge to the DUI charge carrying with it, its own set of penalties. Obviously the penalties for the drug charge will vary on the type of drug, quantity, and whether or not the driver is under the influence of the drug at the time of the DUI.
A medical marijuana patient with a valid medical marijuana card can easily find themselves charged with a DUI and charged with possession of a controlled substance simply by driving through a DUI checkpoint.
Our firm might file a Motion to Supress in such a situation. A motion to supress regarding a DUI checkpoint forces the prosecution to justify the checkpoint and might lead to dismissal of the case.
You can get convicted of a DUI without consuming any alcohol because the police officer will claim that the drug is impairing your ability to drive. Driving a car after taking Vicodin coming home from the dentist could get you a DUI.
VC 23152. (a) 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.
The law has nothing to do with whether or not the drug is legal- alcohol is legal, the law has to do with Driving Under the Influence.
There are no set standards regarding correlating how blood testing is done regarding marijuana or what exactly the state of California would call proof and evidence of intoxication regarding a blood test for marijuana. No doubt the state would rely heavily on Field Sobriety Testing in trying to prove a marijuana DUI.
A blood test showing metabolites for marijuana might not go as far as showing the level of marijuana’s psychoactive metabolite 11-OH-THC versus the level of marijuana’s main and non-psychoactive metabolite, THC-COOH (carboxy THC). The mere presence of marijuana’s non-psychoactive metabolite does not indicate any impairment nor does it indicate how recently the marijuana was consumed. The government’s own NHTSA published a study in 2003 concluding that any effects of using marijuana dissipate quickly after one hour. Our attorneys are knowledgable regarding DUI and drugs charges and will fight to get your charges dismissed, to get a ‘not guilty’ verdict at trial, or work out a favorable plea bargain for you. Call now to speak with the attorney!
If you received a DUI, or notice of a DUI DMV hearing, call us as soon as possible: