A conviction for driving under the influence (DUI) of marijuana can have serious consequences in California. Find out what happens when you get a marijuana DUI right here with this article. You can review the:
- Criminal charges you will face
- The legal process for prosecuting marijuana DUIs
- Penalties for a marijuana DUI
Find out more about defenses to marijuana DUI charges with the Simmrin Law Group. You can call us at (310) 896-2723 to get additional legal help with driving under the influence of drugs (DUID) charge.
Charges for a Marijuana DUI in California
If you are arrested for a marijuana DUI in California, you may be charged under Vehicle Code Section 23152(f). VC 23152(f) is used to prosecute DUID charges throughout the state of California. This means the charge applies if you were driving under the influence of marijuana or:
- Illicit chemical substances
- Some prescription medications
- Over-the-counter medications that impair your ability to operate a vehicle
Drivers may be charged under VC 23152(f) anytime they operate a vehicle while impaired by drugs. California does not have a maximum allowable level for how much marijuana you can use before driving. Any detectable amount of marijuana could result in a DUID arrest.
Note that you could also be charged under Vehicle Code Section 23152(g): Driving Under the Combined Influence of Alcohol and Drugs.
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Prosecution of a Marijuana DUI in California
Drivers arrested for a marijuana DUI will have the opportunity to plead guilty, no contest, or not guilty to their charges at their arraignment hearing. You can get help determining which plea to enter by contacting a criminal defense lawyer in Los Angeles as soon as you are arrested.
Drivers who plead guilty or no contest will end their DUID case right away. At this point, drivers accept the penalties handed down by the California court and move forward. However, your lawyer may advise you against immediately pleading guilty to a marijuana DUI.
Pleading not guilty can allow your DUI lawyer to work on your case. Your lawyer may be able to negotiate with prosecutors to get your charges reduced or even dismissed. In some cases, a lawyer will even take a DUID charge all the way to court. Call (310) 896-2723 to review the best methods for resolving your marijuana DUI case.
Penalties for a Marijuana DUI Conviction in California
The court system can hand down harsh penalties for a DUID conviction in California. Drivers convicted of a first-time marijuana DUI can face:
- Fines of up to $1,000
- Jail time of up to six months
- Suspended license for up to 10 months
- DUI school attendance for up to nine months
Marijuana DUI charges are considered priorable in the state of California. A conviction for a DUID will stay on your criminal record for 10 years. During this 10-year period, you will face increased penalties if you are convicted of a subsequent DUI. For example, the penalties for a second marijuana DUI can include:
- Fines of up to $1,000
- Jail time of up to one year
- Suspended license for up to two years
- DUI school attendance for up to 30 months
Penalties for marijuana DUIs are generally higher if someone was injured or killed in an accident by a driver under the influence of drugs.
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Defenses for Marijuana DUI Charges in Los Angeles
We mentioned earlier that a DUI lawyer in Los Angeles could help you with marijuana DUI charges. Your lawyer can review the facts of your case quickly after you are arrested. Based on your situation, a legal professional may work to demonstrate that:
- You did not use marijuana before operating your vehicle
- You used marijuana, but you were not impaired
- You were not driving your vehicle at the time of your arrest
In some cases, a criminal defense lawyer may argue that you were stopped without reasonable cause by a law enforcement officer. You should only be pulled over if an officer has reason to believe you were breaking a law. Drivers who are stopped without cause can sometimes have their marijuana DUI charges dismissed in California.
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Review the Facts About a Marijuana DUI with a Lawyer
The Simmrin Law Group can help you consider what happens when you get a marijuana DUI in California. Allow us to help you understand the ins-and-outs of a DUID charge right now. You can easily contact our DUI lawyers in Los Angeles by completing our online contact form or calling (310) 896-2723.
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