The state of California decriminalized the usage of marijuana in many situations. Residents of the state can even get a prescription to use marijuana medicinally. Some drivers wonder if a marijuana prescription will help if they are stopped for driving under the influence of drugs (DUID).
Use this article to find out if you can get out of a DUID if you have a prescription for marijuana. Review other legal defenses to DUID charges with the Simmrin Law Group by calling (310) 997-4688.
Legal Applications of a Marijuana Prescription
A prescription for marijuana entitles you to purchase marijuana for medical usage. Note that you do not need a prescription to buy marijuana in California. You can even grow small amounts of marijuana on your own. That said, if you have a medical condition and would like to obtain a prescription, you may do so.
However, marijuana prescriptions are solely useful in a medical context. A prescription for marijuana does not allow drivers to operate a vehicle under the influence of drugs. In fact, drivers can be charged with a DUID after taking any prescription medication that impairs their ability to operate a vehicle in a reasonable and safe manner. Drivers can be charged with a DUID for driving after using prescription:
- Sleeping aids
- Pain killers
- And more
Results of a Conviction for a Marijuana DUID
It is important that you take marijuana DUI charges seriously in the state of California. The California court system punishes drivers convicted of a DUID very harshly. A conviction can result in:
- Jail or prison time
- Fines and restitution payments
- License suspensions or revocations
- Orders to attend DUI school
Additionally, each time you are convicted of a DUID in California, the penalties will grow more severe. DUIDs are priorable in the court system. They remain on your record for ten-years and each previous charge will count against you if you are arrested again.
Make sure you get fast and professional help handling a DUID accusation in California. You can speak to a criminal defense lawyer in Los Angeles about the best way to handle a marijuana DUI. Focus on your defense now by calling (310) 997-4688.
Defenses to Marijuana DUI Accusations in California
As we mentioned, a prescription for marijuana will not help you get out of a DUI in California. However, there are defenses that can help you face DUID charges head-on. A DUI lawyer in Los Angeles can assess your case now. Based on your situation, your lawyer may demonstrate that:
You Did Not Use Marijuana Before Operating Your Vehicle
Marijuana tests in California can detect the presence of marijuana in your saliva, blood, or urine. However, these assessments are often unable to pinpoint exactly when you used marijuana. In fact, some assessments can tell if you used marijuana weeks ago. Therefore, your lawyer may argue that you were not currently impaired by marijuana when you were pulled over.
You Did Not Use Enough Marijuana to Become Impaired
California’s marijuana tests are also unable to accurately show how much marijuana you used before driving. This means a lawyer could argue that you did not use enough marijuana to become impaired. Note that, unlike alcohol-related DUI charges, California does not have a set limit on how much marijuana you can use before becoming an unsafe driver.
You Were Stopped Without Reasonable Cause
Finally, sometimes law enforcement officers in California stop drivers without reasonable cause. In many cases, officers can only pull over a driver who was breaking a law or driving in a dangerous or erratic fashion. Speak to a lawyer if you were pulled over without cause.
Address Marijuana DUI Charges Head-On in California
You can get fast legal help if you are accused of a marijuana DUI in California. You should not rely on a prescription for medical marijuana to get you out of the charges you are facing. Reach out to a DUI lawyer in Los Angeles instead, to make sure you that you get the legal assistance you need. The team at the Simmrin Law Group may be able to:
- Ensure your charges are reduced to an acceptable level
- Get your charges dismissed completely
- Stand up for you in the courtroom
A Lawyer Can Help You Get Out of a Marijuana DUI
A prescription for marijuana cannot help you get out of a DUI in California. Take steps to build your defense to DUID charges today by calling us at (310) 997-4688 or filling out our online contact form. The professionals at the Simmrin Law Group are ready to help you now.
Find out more by contacting our DUI lawyers in Los Angeles for a FREE case evaluation.