If you are facing charges under VC 23152 for driving under the influence of marijuana or other drugs, it is critical to contact an experienced Marijuana DUI defense attorney immediately. LAWSTACHE LAW FIRM helps clients understand California DUI laws and protects their rights during prosecution.
Understanding Marijuana DUI Charges in California
Under California Vehicle Code Section 23152, it is unlawful for any person under the influence of alcohol, drugs, or both to drive a vehicle. DUI charges for marijuana are increasingly common, although scientific consensus on marijuana impairment is debated. For a scientific review, see NORML’s review of marijuana and driving.
Prosecution of Marijuana DUI (VC 23152)
To convict someone of a Marijuana DUI, the prosecution must prove beyond a reasonable doubt that the defendant was under the influence while driving. Unlike alcohol, THC (the active ingredient in marijuana) may remain detectable long after consumption. Evidence of past use does not prove impairment at the time of driving.
Courts require proof that the drug actually impaired the driver’s ability to operate a vehicle, not just that it could potentially impair. Relevant cases include People v. Canty (2004) 32 Cal.4th 1266 and People v. Enriquez (1996) 42 Cal.App.4th 661.
Evidence Used by Prosecutors
- Police reports documenting physical appearance and driving behavior
- Field sobriety tests
- Chemical tests detecting THC
- Driving patterns prior to the stop
Defenses to Marijuana DUI Charges
Experienced attorneys can raise multiple defenses in Marijuana DUI defense cases:
- Illegal traffic stop – evidence obtained may be suppressed (United States v. Arvizu, 534 U.S. 266, 2002)
- Minimal or insignificant impairment – did not affect driving ability
- Lack of reliable testing – toxicologists cannot always determine the exact time of ingestion
- Medical marijuana use – charges may still apply, but defense can mitigate (People v. Moret, 180 Cal.App.4th 839, 2009)
Important Considerations
Possession of marijuana while driving may also lead to separate charges under HS 11357 – Possession of Marijuana or HS 11359 – Possession for Sale.
Frequently Asked Questions – Marijuana DUI
Can I be charged with DUI if I consumed marijuana for medical purposes?
Yes. Having a medical marijuana card does not exempt you from DUI charges.
Is there a safe test for marijuana intoxication?
No. THC detection does not precisely indicate impairment at the time of driving, which is required for conviction.
What if marijuana is in my possession, but I was not impaired?
Possession alone is not sufficient for a DUI conviction. The prosecution must prove actual impairment while driving.
Related Drug Crimes
- Possession of a Controlled Substance | HS 11350
- Possession of Marijuana | HS 11357
- Possession of Marijuana for Sale | HS 11359
- Marijuana Sale & Transportation | HS 11360
If you are facing Marijuana DUI charges in California, call LAWSTACHE LAW FIRM at 619-357-6677 for expert Marijuana DUI defense and criminal representation.