DUI Blogger

Let’s say that the cops pull you over and see that you have a half-smoked joint on the floor board of your car. They assume you’ve been smoking and conduct an investigation to see if you’ve been driving under the influence of marijuana. Even if they conclude that you were not, they will probably still cite you for violating California’s possession of marijuana law. This, however, is not the appropriate charge.

Possession of marijuana is a separate offense from driving while in possession of marijuana. Both are infractions, punishable by a maximum $100 fine. However, possession of marijuana is an offense that qualifies for drug diversion, driving while in possession of marijuana is not. And if you are convicted of driving under the influence of marijuana and possession of marijuana, the DUI charge will disqualify you from participating in drug diversion as well.

So depending on the circumstances…and on your criminal history…you and your California marijuana defense attorney may try to negotiate a plea to the driving possession charge which will simply go down on your record as an infraction. Otherwise, it may make sense to try to get the simple possession charge so that you can participate in diversion and ultimately have the charge dismissed. And if you are also arrested for the DUI…and can fight that charge, leaving only the possession charge…you and your attorney will have to decide which charge will benefit you more and then try to negotiate a plea bargain for the desired charge (unless, of course, it is the charge that was already filed against you).

If this sounds confusing…and even if it doesn’t…make sure you consult with a California marijuana defense attorney before going to court to discuss these and any other options.

California Vehicle Code 23152a makes it illegal to drive under the influence of alcohol or drugs or both. The most common type of DUI drugs case prosecuted in the state is DUI of marijuana.

Unlike alcohol cases, California law imposes no “per se” limit on the amount of marijuana that can be in a driver’s body. A blood test revealing THC levels, in and of itself, proves nothing. Therefore DUI marijuana prosecutions invariably rely on the testimony of police officers that the suspect exhibited signs and symptoms of marijuana intoxication. These tend to include bloodshot eyes, slow speech, a confused thought process and a lack of physical coordination.

Even if one believes that being “high on weed” impairs driving ability, police still lack a reliable means of gauging whether a driver is indeed high. Most beat cops are very poorly trained at drug recognition evaluation. And the “signs and symptoms” associated with marijuana intoxication often stem from other causes. For example, bloodshot eyes may result from lack of sleep. Lack of coordination is typical in a high-stress situation, as when a person is forced to perform field sobriety tests following a DUI traffic stop.