Marijuana DUI Defense - What is a Marijuana DUI? Is there a Legal Limit?
Driving under the influence of marijuana is a violation Vehicle Code section 23152(f), which says that it is illegal for anyone to drive under the influence of any drug, including marijuana.
California does not have a per se limit of marijuana that can be in a person's blood when driving a car. This is much different than the law regarding driving under the influence of alcohol, which provides that no person can drive with a BAC of .08% or greater. There is no equivalent limit for marijuana in California. Some states have enacted limits of 5 nano-grams per liter of blood, other states have zero tolerance statutes.
Accordingly, in California, the district attorney is required to prove that the amount of THC in your blood impaired your driving, and they can't rely on the blood test alone to show impairment. Presence of THC in blood is not proof of impairment, especially considering that THC is fat soluble and can stay in a person's blood for weeks or longer, depending upon patterns of use.
Generally, district attorneys rely on "Standardized Field Sobriety Tests," which have no known scientific value in measuring marijuana impairment, a Drug Recognition Evaluation, and any bad driving, plus THC levels, to prove Marijuana DUIs.
Hire The Best Team of Marijuana DUI Lawyers
For over 30 years our firm has defended thousands of DUI cases, including marijuana DUIs. Our firm wrote the leading treatise on DUI defense used by DUI attorneys across the country. We have obtained countless not guilty verdicts in DUI trials, including serious felony DUIs, and have obtained dismissals on even more DUI cases before trial.
There are many defenses that may be applicable to your case. You can learn more about drunk driving defenses here.
Bartell, Hensel & Gressley's team of DUI attorneys have offices in Temecula and Riverside. Bartell, Hensel & Gressley's DUI lawyers are happy to meet with you at any time to discuss the potential defenses in your case. We defend cases primarily in Riverside and San Bernardino County, Orange County, but also Mammoth DUIs, Victorville DUIs, and more.
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Who you hire can make all the difference in your case. Call us today at (951) 788-2230 to get our team of DUI lawyers on your case.
Bartell, Hensel & Gressley has offices in Temecula and Riverside, and practices throughout Riverside, San Bernardino, Rancho Cucamonga, Murrieta, and Orange County.
We understand that being accused of a crime is one of the most challenging times of your life. Rely on us to advocate for your rights and to give you the defense you deserve.