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Marijuana DUI – RBX Law
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Marijuana DUI

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marijuana dui

What is a marijuana DUI?

A “marijuana DUI” is driving under the influence of marijuana. It is illegal under Vehicle Code § 23152(f).

A person is “under the influence” of marijuana if they are unable to drive with the caution of a sober person.

Recreational Marijuana

Recreational marijuana is legal in California for people over the age of 21. However, it is illegal to drive under the influence of marijuana. Drivers who fail sobriety tests and are in possession of marijuana are often arrested for DUI.

Marijuana DUI Investigation

The reason for a DUI stop is usually poor driving, or a crashed or stopped vehicle. Officers start by making contact with the driver of the vehicle and asking them to roll down their windows. Once the windows are down, officers look for signs of marijuana use.

The smell of fresh (unburned) marijuana by itself is not reason for investigation. However, law enforcement can investigate if they observe:

  • Indications of marijuana use;
  • An open marijuana container;
  • Evidence of other illegal activity.

Typically officers will note the smell of marijuana smoke and red eyes. If officers observe these indicators, they will initiate a DUI investigation by asking you to step out of your vehicle. Officers usually ask DUI suspects to perform field sobriety tests during the DUI investigation.

TIP: You may refuse any law enforcement request…refusing an order can result in further consequences.

Marijuana DUI Arrest

If law enforcement has “probable cause” to believe a driver is under the influence of marijuana, they can arrest the driver. Common facts and circumstances used by law enforcement to support probable cause include:

  • Smoke or paraphernalia in car.
  • Smell marijuana smoke on hands or breath.
  • Strong smell of marijuana in vehicle.
  • Appearance and actions of driver.
  • Failed field sobriety test(s) (ok to refuse).
  • Suspect confesses to illegal conduct.
  • Pay/owe sheets, scales, large quantities of money.
  • Driver is sole occupant and/or car full of luggage.

Once the officer arrests a suspect, they will ask that person to submit to a blood test. Refusing to provide a blood sample can result in a suspended driver’s license.

Criminal Charges

The arresting officer will send a copy of their report to the local prosecutor. The prosecutor decides whether to file the charge or charges recommended by law enforcement. Law enforcement also provides the driver with a notice to appear in court.

Fighting the Charge

At the date listed on the notice to appear, the court proceedings begin. The defendant or their attorney needs to appear in court on that date. Failure to appear can result in a bench warrant. A bench warrant is an order for law enforcement to arrest the defendant.

The following are four ways to fight a marijuana DUI:

  • You may fight your case by contesting the reason for a law enforcement stop, detention, arrest, and search.
  • For misdemeanor DUI charges, you may ask the court to divert your case by filing a motion.
  • The prosecutor may be willing to resolve your case for a wet and reckless.
  • You may go to trial and have a judge or jury determine your guilt.

Punishments for Marijuana DUI

The sentence for marijuana DUI conviction is a suspended driver’s license, fines, 3-5 years of probation, a conviction on your criminal record, and at least 3 months of DUI classes.

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