Marijuana DUI Lawyer Los Angeles
Although the State of California has legalized marijuana, driving under the influence of marijuana is still illegal. If you or a loved one has been charged with a marijuana DUI, you should immediately content the experienced Marijuana DUI Lawyers at The H Law Group. The Marijuana DUI Lawyers at the H Law Group have extensive experience defending those who are charged with or are being investigated for driving while under the influence of marijuana. Our Marijuana DUI attorneys are here to fight for you; they will use the best arguments and negotiation skills to achieve the best possible outcome for you. Schedule your free consultation today by calling us at (213) 370-0404.
What is a Marijuana DUI?
A marijuana DUI is a crime that’s committed when a person operates an automobile while he is under the influence of marijuana. A marijuana DUI is charged the same way a regular DUI based on drinking and driving is charged. Usually, a person who is charged with driving while under the influence of marijuana is charged with violating Vehicle Code Section 23152(f). For the prosecution to convict a person of a marijuana DUI, it must show that: (1) the defendant operated a motor vehicle, and (2) the defendant was under the influence of marijuana at the time he did so. For the prosection to convict you, it does not need to show that you broke other laws, such as speeding or causing an accident.
Were You Under the Influence?
As part of its case, the prosecution has to prove that you were driving a vehicle while you were under the influence of marijuana. That is, the prosecution must show that your mental abilities were compromised at the time you were driving and that you could not safely operate your automobile. Unless you’ve made incriminating statements that you were high while you were driving, proving this is quite difficult because marijuana is different than alcohol. In alcohol cases, driving while under the influence is proven by showing that you had a blood-alcohol level that was over the prescribed limit. Currently, in California, there is no threshold for showing impairment of marijuana; as such, absent incriminating statements by you, this is difficult to prove.
Also, the methods used to test an individual to determine whether he is intoxicated by marijuana are not reliable. Tests can show that you’ve smoked marijuana and that there is marijuana in your system; however, there is no way to prove that you were under the influence of marijuana at the time you were operating your vehicle. As such, prosecutors often rely on other evidence, such as your statement that you had been smoking. So, if you’ve been stopped for a DUI, do not make incriminating statements.
Prosecutors can use the following pieces of evidence to show that you were under the influence of marijuana at the time you were driving:
- Observations of your appearance
- Slurred speech
- Involuntary eye movement
- Confusion
- Your conversation with the police
- Bad driving
- Failing field sobriety tests
- Presence of week or drug paraphernalia in your automobile
Is a Marijuana DUI a Misdemeanor or a Felony?
A marijuana DUI can be charged as either a misdemeanor os a felony, depending on the circumstances of the situation. If you were convicted of driving while under the influence of marijuana and it’s your first marijuana DUI offense, you will likely be charged with a misdemeanor marijuana DUI unless you caused an accident that resulted in serious injury or death of another person or you have prior marijuana DUI convictions. Felony marijuana DUI charges are usually brought against individuals who cause an accident that results in death or serious injury to another person. Also, felony marijuana DUI charges are brought against those who have multiple prior DUI convictions. A felony DUI conviction carries a maximum punishment of 6 months of jail, a fine of up to $1,000, license suspension, and having to attend alcohol education classes.
Marijuana DUI vs Alcohol DUI
The difference between a marijuana DUI and an alcohol DUI is that in a marijuana DUI, the individual is charged with driving under the influence of marijuana, while in an alcohol DUI, an individual is charged with driving under the influence of alcohol. Marijuana DUIs and Alcohol DUIs are charged under the same statute; the only difference is the substance that an individual has consumed. That said, attorneys prefer defending marijuana DUIs because they are harder for the prosecution to prove since there aren’t any ways to accurately determine whether an individual was driving under the influence of marijuana, whereas, with alcohol, it’s much easier to do so.
Marijuana DUI Impairment & THC Levels
Calculating the level of an individual’s impairment based on how much THC and THC metabolites are present in a person’s body because every individual becomes impaired by a different level of THC and THC metabolites. For example, if a person frequently uses marijuana, you will find a high level of THC and THC metabolites in his blood or urine and may not be under the influence of marijuana. Whereas, a person who does not smoke frequently may have a low level of THC and THC metabolites in his bloodstream or urine and might be extremely high. This is why it is so difficult for law enforcement to determine whether someone was driving while under the influence of marijuana. Nevertheless, if you find yourself in the unfortunate situation of being charged with driving under the influence of marijuana, contact the best marijuana DUI lawyers in Los Angeles at the H Law Group.
Marijuana DUI Prosecution in Los Angeles & Orange County
Los Angeles County and Orange County receive federal grants that they use to train law enforcement personnel and prosecutors how to recognize signs of impairment, as well as how to prosecute driving while under the influence of marijuana cases. The City of Los Angeles has assigned a number of prosecutors to prosecute marijuana DUI cases. Since the major cities in California are ramping up on investigating and charging marijuana DUI cases, if you’ve been charged with driving under the influence of marijuana, you should hire an experienced marijuana DUI attorney to represent you and defend you in court. Failing to do so could lead you to be placed in jail and paying hefty fines. Also, if you’re asked to complete any roadside tests or sobriety tests, it’s best not to perform them. However, if you’re asked to complete any blood or chemical tests at the station, you should comply with the officer’s request and submit to the tests ordered at the station. If you’re subjected to a blood test or urine test that reveals that you have THC or THC metabolites in your system, the lower the level, the better plea deal you’re attorney will be able to negotiate for you. Again, if you’ve been charged with a marijuana DUI, contact the best and affordable marijuana DUI attorneys at The H Law Group.
Consequences of Getting a Marijuana DUI
Marijuana DUIs are often charged as a misdemeanor in Los Angeles. However, the punishment for being convicted for driving under the influence of marijuana are different and get harsher with each subsequent offense.
First Offense Marijuana DUI
A first marijuana DUI offense is usually charged as a misdemeanor offense and is punishable with a minimum of five (5) days to six (6) months in county jail. The offense also carries a license suspension of 6 months and a fine of up to $1,000.
Second Offense Marijuana DUI
A second marijuana DUI offense is usually charged as a misdemeanor absent any aggravating factors and is punishable with ninety (90) days to twelve (12) months in county jail. The offense also carries a two (2) year license suspension and a fine of up to $1,000. For a marijuana DUI offense to be considered a second offense, it must have been your second conviction within a ten (10) year period. If it’s been more than 10 years since your last conviction, a second offense is considered as a first offense.
Third Offense Marijuana DUI
The third marijuana DUI is often charged as a misdemeanor and carries a minimum punishment of 120 days in jail and a maximum of twelve (12) months in county jail, and you’ll have to pay a fine of up to $1,000. If you refused to take the chemical test at the station, your driver’s license would be suspended for three years.
Marijuana DUI Attorney Los Angeles
If you or a loved one has been charged with or is being investigated for a marijuana DUI, you should promptly contact the best marijuana DUI attorneys in Los Angeles for a free consultation. Meeting with an attorney as soon as charges are filed is very important, especially if you want to keep your license. So, contact a marijuana DUI attorney at The H Law Group, they will fight for your legal rights. Our law firm serves the following counties (Los Angeles County, Orange County, San Bernardino County, Ventura County, Riverside County, and San Diego County). So, regardless of which county you were charged in, please contact our law firm for the best defense possible.
