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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.
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.
Police may gather evidence such as:
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.
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.
Defenses in a marijuana DUI case can include:
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.