Prosecution Of Marijuana-Related DUI Arrests
The following article will cover:
- Prosecution and evidence required for a marijuana DUI case in California.
- Methods law enforcement can use to gather evidence for a marijuana DUI case.
- Potential defenses that can be used by an attorney in a marijuana DUI case.
Can I Be Prosecuted For A Marijuana DUI In California If I Use Marijuana Regularly But Not While Driving?
Yes, you can be prosecuted for a marijuana DUI in California, even if you don’t use marijuana immediately before driving, as it may still be in your system. However, being prosecuted does not guarantee a conviction, especially with a skilled attorney. The science surrounding THC levels and impairment is not settled, so there is no specific level that creates a presumption of impairment like there is for alcohol.
What Does The District Attorney Have To Show To Prove A Marijuana DUI Case Up In The California Court?
The prosecutor must demonstrate that there was a sufficient amount of THC in your system to cause impairment and that you were driving in an impaired manner. This can include weaving, slurred speech, or other signs consistent with being high. Evidence such as dash cam and body cam footage, field sobriety tests, and the officer’s observations can be used to build the case.
If A Blood Test Cannot Prove That I Was Under The Influence Of Marijuana And Driving, What Other Evidence Will Police Typically Gather?
Police may gather evidence such as:
- Driving observations
- Physical observations during the stop
- Field sobriety tests
- Responses to investigative questions
It is important to note that answering investigative questions and participating in field sobriety tests are voluntary. You are only required to provide identification, driver’s license, proof of insurance, and proof of registration.
Will My Driver’s License Be Suspended For A Marijuana DUI In California?
In California, a first-time marijuana DUI conviction can result in a six-month license suspension. The suspension occurs as a result of the conviction, not an administrative action like it would for alcohol DUIs.
What Are Potential Defenses My Attorney Can Use In A Marijuana DUI Case?
Defenses in a marijuana DUI case can include:
- Challenging the officer’s driving observations.
- Providing innocent explanations for driving behavior.
- Pointing out inconsistencies between the officer’s report and dash cam footage.
- Offering alternative reasons for poor field sobriety test performance.
- Questioning the validity of the officer’s questions and the suspect’s answers.
- Addressing the amount, type, and duration of THC presence in the blood, and arguing that the prosecution cannot prove impairment.
These defenses, among others, can be used to argue against the charges in a marijuana DUI case.
For more information on Prosecution Of Marijuana Related DUI Arrest, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 486-7486 today.
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