Can I Get a DUI Driving Under the Influence of Marijuana?

Posted By Stephen G. Rodriguez & Partners || 6-Aug-2015

The short answer is, “Yes. You can be charged for a DUI if you are caught driving under the influence of marijuana in California.” In fact, driving while high can land you with the same charges a person caught drinking and driving might face. While some may argue, marijuana possesses the ability to impair a driver’s ability to react as he/she might when sober. For this reason, a person under the influence of marijuana is considered a potential danger to himself/herself as well as other driver’s on the road.

On What Grounds Can a Law Enforcement Office Arrest Me?

Unlike alcohol-related crimes, there is no “per se” amount of marijuana to establish a person’s inability to drive. However, there are a few different methods a law enforcement officer may use in order to determine whether you are driving under the influence of marijuana. Below is a list of these possible techniques.

  • Your Eyes:

The law enforcement officer that pulled you over might examine your eyes, checking for any unordinary redness, puffiness, or dilated pupils.

  • Your/Your Car’s Scent:

The officer may be able to smell the scent of marijuana on your breath, clothes, or from inside your vehicle.

  • You Performance of Field Sobriety Tests:

The police officer may have you perform a number of sobriety of tests to determine whether your reactions are slow or unusual.

  • Presence of marijuana:

The law enforcement officer may glance in your vehicle, while speaking to you, to see if there is any marijuana in sight.

  • The presence of paraphernalia:

The officer may look in your vehicle, while speaking with you, to see if there is any noticeable paraphernalia.

  • Chemical Tests:

In some cases, a law enforcement officer may require you to take a chemical test. When driving in California, you give your implied consent to receive tests for drugs and alcohol when arrested. (Note: You must be arrested before an officer can force you take a chemical test.)

Being caught driving under the influence of marijuana may be as detrimental to your criminal record as driving under the influence of alcohol. While these types of cases are more difficult for law enforcement officers to prove, the penalties of such crimes are taken seriously.

If You are Arrested for Driving Under the Influence of Marijuana

If you have been pulled over for driving under the influence of marijuana, it is important to seek legal representation right away. Our Los Angeles DUI attorneys at Stephen G. Rodriguez & Partners know the ins and outs of DUI laws and can do everything in their power to have your charges dropped or reduced. When your rights are at stake, you can’t afford to wait.

To discuss your case, contact our Los Angeles DUI lawyers at Stephen G. Rodriguez & Partners today! We put an experienced team on your side!

Categories: Criminal Defense, DUI
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