Marijuana DUID Attorney Aggressively Fighting Criminal Charges
Recreational and medicinal marijuana is legal in the State of California, but this does not mean the use of cannabis is completely unregulated.
There are still laws in place governing the use of marijuana. One of these laws prohibits driving while under the influence of marijuana.
Have you been accused of drugged driving? If so, let our criminal defense attorneys help. Schedule a free consultation with the experienced DUI defense attorneys at The Law Offices of Todd Landgren by calling 949-752-1122 or filling out the form on our website.
How Does Marijuana Affect Driving Ability?
Numerous studies have shown that THC, the main cannabinoid found in marijuana, can affect a driver’s physical and mental ability to operate a vehicle. Marijuana can affect a driver’s judgment and reduce reaction time, making it difficult to safely operate a vehicle.
What Are The Penalties For Marijuana DUI?
Many people are surprised to find out that the marijuana they purchased legally could land them in legal trouble, but it’s true. Driving under the influence of any type of drug is illegal in California, regardless of whether the drug is legal or not.
But, it’s important to note that drivers will only face criminal charges if the drug they have consumed has impaired their ability to drive. To put it simply, this means a driver can only be convicted of DUID if it is shown that he or she was unable to operate their vehicle as safely as a sober driver could.
Contrary to popular belief, this law applies to both medicinal and recreational users. Drivers who use medicinal marijuana to treat a health condition are still prohibited from driving while under its influence. Therefore, don’t expect to get out of trouble simply by proving that the marijuana was prescribed by a doctor.
Most THC/marijuana DUID charges are misdemeanors. Even though this crime is a misdemeanor, the penalties are still serious. Defendants should expect to face possible jail time, probation, hundreds of dollars in fines, license suspension, and mandatory enrollment in an alcohol education course.
If the defendant has multiple prior DUI convictions or if he or she hurt someone while driving under the influence, they can be charged with a felony. The penalties for a felony DUID charge can include prison (if someone was injured), thousands of dollars in fines, and DUI school. The DMV also has the authority to suspend your driver’s license, which can interfere with your ability to work and earn an income.
Many defendants end up facing additional penalties for other crimes that they are charged with in connection to the DUID. For instance, if a driver is in possession of more than one ounce when they are arrested, they can face additional charges and penalties for this crime.
The best way to fight these charges is to work with a criminal defense attorney who has experience representing clients in DUID cases. Speak to a DUI attorney at The Law Offices of Todd Landgren to learn more about our legal services.
There is no device that can be used to determine whether or not a person is under the influence of marijuana, so law enforcement relies on blood tests instead. A blood test will reveal if there is marijuana in the defendant’s system, however, it will not tell law enforcement when the marijuana was consumed or how much was consumed.
There are several defenses that attorneys can use to discredit the results of a blood test. First, an attorney can argue that the marijuana found in the defendant’s system was not consumed recently. Therefore, there is no way that the marijuana would have affected his driving ability.
For example, studies have shown that marijuana can be detected in the blood days after a frequent user has consumed it. If you are a frequent user, it’s possible that this could have affected the results of the blood test.
An attorney can also argue that the level of marijuana found in the defendant’s blood was not enough to impair their driving ability. Everyone processes marijuana differently. Some people, especially frequent users, have higher tolerance levels than others.
As a result, the level of marijuana that causes impairment can vary from person to person. Our attorneys will call upon expert witnesses to prove that the level of marijuana in your system would not have a significant impact on your ability to drive.
The prosecution can also use observations recorded during field sobriety tests to prove that the defendant is guilty. However, field sobriety tests are known for being unreliable and difficult to pass, even for sober drivers. If this evidence is presented, we will fight tirelessly to cast doubt upon it.
If you have been accused of driving under the influence of THC/marijuana, seek legal representation from the attorneys at The Law Offices of Todd Landgren. Our criminal defense law firm has fought for the rights of clients in Orange County for over 40 years. We are dedicated to helping clients reach the best possible outcome in their case.
Our law office represents clients in various DUI/DUID practice areas, including driving under the influence of alcohol, Xanax, pain medications, anti-depressants, Ambien, and other drugs. Contact our attorneys as soon as possible after the arrest so we can provide you with legal advice and begin protecting your rights.
Our marijuana DUID attorneys currently serve clients who have been arrested for drugged driving in Orange, Los Angeles, Riverside, San Diego, and surrounding counties. To schedule a free consultation, call our office at 949-752-1122 or fill out the form on our website today.
I had a felony DUI with GBI enhancement...I am a vet and thought my life was over. He took over from the beginning and told me what I had to do in order to become a better man and prove to the courts I wasn't a bad person. I was set to do 2-3 years in state prison and got.