Marijuana and DUI Charges

One of the big misunderstandings regarding DUI charges is they only apply to alcohol intoxication. That is not the case. A DUI charge can be found when one drives under the influence of any intoxicant, such as marijuana or prescription drugs. 

Receiving a DUI under Marijuana Influence

If in the course of sobriety testing the arresting officer determines you are under the influence of marijuana, they can place you under arrest for a DUI. DUI laws across the country are crafted not only for alcohol, but for any drug (legal or illegal). For example, California Vehicle Code Section 23152(a) states, "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." Simply put, to be found guilty of a DUI, all that needs to be shown is you were under the influence of marijuana, and you were driving. 

Even if you don't believe your driving is impaired, possessing marijuana while driving can lead to a DUI charge. Typically, there will be some errant driving maneuver which causes the officer to pull you over. An immediate test for the active ingredient in marijuana, THC, isn't available, as they require a blood or urine test. However, an officer can relay on the following field tests to confirm marijuana as a DUI, a list which is not exclusive:

• Dilated pupils
• Elevated pulse rate and/or blood pressure
• Presence of marijuana odor
• Eyelid and body tremors
• Short-term memory impairment

Getting Legal Help

A DUI based on consumption of marijuana can often be a subjective determination allowing for a good criminal defense attorney to make arguments on your behalf. Because blood and urine tests cannot determine the exact time and duration of the effect of marijuana on you, a criminal defense attorney can provide argument showing you had not consumed marijuana while driving. As well, a criminal defense attorney can argue the basis for the police stopping you as possibly illegal, or show you were able to perform field sobriety checks at a level considered "passing."

Hiring a good criminal defense attorney who specializes in DUI cases can ensure your rights are protected and help give you the best defense options possible.