Drivers in California who are arrested on marijuana-related charges for driving under the influence (DUI) can face numerous legal challenges. Both the court system and the Department of Motor Vehicles (DMV) are involved in the resolution of driving under the influence of drugs (DUID) charges.
This article focuses on the different ways the California DMV and the California court system handle marijuana-impaired violations. Bolster your knowledge of DUID charges in California with the Simmrin Law Group. You can get the information you need by calling us at (310) 896-2723.
Marijuana DUI Charges and the California DMV
The California DMV plays a role in suspending or revoking a driver’s license after DUI convictions or arrests. For DUI charges, the DMV may suspend driving privileges for a marijuana-impaired offense only if a driver:
- Refuses to take legally ordered blood alcohol content (BAC) tests
- Is convicted of a DUI in the court system
Drivers in California are legally required to complete BAC testing after they are arrested for a DUI. Some drivers may also be required to take field sobriety tests (FSTs) and preliminary alcohol screening (PAS) tests before an arrest. Drivers under 21 or on DUI probation must take these tests.
Failure to take a legally ordered BAC assessment can lead to the automatic one-year suspension of a driver’s license.
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DMV Reexamination Hearings and Marijuana DUI Arrests
Note that a law enforcement officer may inform the DMV that a driver was arrested for a DUID. Upon receiving this information, the DMV may decide to reevaluate the driver to determine if they can safely operate a vehicle.
The DMV can send out a Notice of Re-Examination to a driver in this circumstance. A Notice of Re-Examination requires the driver to come to the DMV and submit to a number of tests, including driving, law, and vision tests. The DMV can also request medical information in this situation.
A driver who does not make it through the DMV re-examination process may have their license suspended, revoked, or restricted. If you are facing a licensing re-examination from the DMV after a marijuana-related DUI, get help today. Call (310) 896-2723 to speak to a criminal defense lawyer in Los Angeles.
Marijuana DUI Charges and the California Court System
The court system in California is responsible for determining if a driver should be convicted on a DUID charge. Generally, drivers accused of a marijuana-related DUI can be charged with:
- Driving under the influence of drugs
- Driving under the combined influence of alcohol and drugs
DUID charges are generally prosecuted as misdemeanors in the state of California. However, drivers can face felony charges if they have multiple previous DUI convictions, or if they hurt or injured someone while committing a DUI.
A conviction for a first-time marijuana-related DUI in California can lead to:
- Fines of up to $1,000
- Jail time of up to six months
- License suspension of up to 10 months
- DUI school enrollment of up to nine months
Drivers can face increased penalties for subsequent marijuana-impaired DUI charges. For this reason, it’s very important to meet all DUI charges in the state of California head-on with professional assistance.
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A Lawyer Can Help with the Court and DMV in California
You don’t have to take on the court system and the DMV on your own if you are accused of a DUID in California. A DUI lawyer in Los Angeles can spring into action today to begin working on your defense. A lawyer can take steps to support you if you are required to go to the DMV for a reexamination hearing.
Your lawyer can also focus on constructing a strong courtroom defense for you. Depending upon your situation, a legal professional may work to show that:
- You did not operate your vehicle after using marijuana
- You were not impaired by marijuana when operating your vehicle
- You were stopped without reasonable cause by a law enforcement officer
Review other defenses for DUID charges in California with the Simmrin Law Group. Allow us to assess your unique legal needs right now.
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Build a Defense to Marijuana-Impaired DUI Charges with a Lawyer
Marijuana-impaired violations differ between the California DMV and the court system in a few ways. The DMV will primarily focus on license revocations and suspensions, while the court handles criminal charges. The Simmrin Law Group can help you handle both the court and the DMV. Call (310) 896-2723 or complete our online contact form to learn more.
Our DUI lawyers in Los Angeles are ready to help you, starting with a FREE consultation.