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What Are Marijuana-Related DUI Charges In California? DUI Defense Attorney Explains


Transcript:
The conviction and offense count for DUI marijuana cases are the same as for alcohol. A DUI conviction must occur within 10 years of the most recent offense to be considered a prior. If there are three prior DUI convictions (alcohol or drugs) within 10 years, the fourth one is considered a felony.
The punishment for DUI marijuana is similar to that of DUI alcohol, with no significant differences. However, the Department of Motor Vehicles (DMV) handles DUI marijuana cases differently. If an officer arrests a driver for DUI marijuana without a refusal, they are not supposed to take the driver’s license and submit it to the DMV for administrative suspension. In contrast, for DUI alcohol cases, the officer takes the license and submits it to the DMV for administrative suspension.
Nowadays, officers often issue a notice of re-examination and send it to the DMV when making arrests for DUI drugs, including marijuana. The DMV then initiates a re-examination procedure, which can be onerous for the driver. This process may involve interviews, medical documentation, psychological documentation, an eye exam, interviews with the DMV, and possibly taking another driver’s test to get the license back.Contact Top Gun DUI Defense Attorney Myles L. Berman serving clients throughout Southern California and he will represent you with the care and attention you expect.

Description: The conviction and offense count for DUI marijuana cases are the same as for alcohol. A DUI conviction must occur within 10 years of the most recent offense to be considered a prior. If there are three prior DUI convictions (alcohol or drugs) within 10 years, the fourth one is considered a felony.

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