DUI of marijuana is the criminal offense of operating a motor vehicle when your driving ability is impaired from being under the influence of marijuana. While the recreational use of marijuana is now legal in a number of states, including California, DUI of marijuana remains a crime across the United States.
In California, the penalties for DUI of marijuana are virtually identical to DUI of alcohol. However, unlike alcohol, with marijuana, there is no “per se” limit as to the concentration you can have in your blood: This allows for more opportunities for us to challenge a DUI marijuana charge in court.
The penalties for DUIs involving cannabis in California are summarized in the following chart:
DUI charge (drugs and/or alcohol) | Possible penalties |
1st DUI | Up to 6 months jail; $390-$1,000 fine; 3 or 9 months DUI school; 6 – 10 months suspended license (convertible to restricted license). |
2nd DUI | 96 hours – 1-year of jail time; $390-$1,000 fine; 18 or 30 months DUI school; 2 years suspended license (convertible to a restricted license after 12 months). |
3rd DUI | 120 days – 1 year jail; $390-$1,000 fine; 30 months DUI school; 3 years revoked license (restricted license possible after 18 months). |
Misdemeanor DUI w/injury | 5 days – 1-year jail; $390-5,000 fine (plus restitution to injured parties); 3, 18 or 30 months DUI school; 1 – 3 years revoked license. |
Felony DUI | 16 months, 2 years or 3 years state prison; $390-$1,000 fine; 18 or 30 months DUI school; 4 years revoked license. |
Felony DUI w/injury | 16 mos.-16 yrs. state prison; $1,015-5,000 fine (plus restitution to injured parties); 18 or 30 mos. DUI school; 5 years revoked license. |
To help you better understand Vehicle Code 23152(f), our California DUI defense lawyers discuss the following, below:
- 1. The legal definition of DUI of marijuana in California
- 2. How can the state prove a DUI of marijuana charge?
- 3. Which chemical test will I have to take?
- 4. How reliable are chemical tests for marijuana?
- 5. Can I refuse to take a DUI chemical test for marijuana?
- 6. Must I be offered a chemical test?
- 7. Does marijuana impair driving ability?
- 8. The penalties for DUI of marijuana
- 9. Legal defenses to DUI of marijuana
- 10. Related offenses to DUI marijuana
- Additional resources
1. The legal definition of DUI of marijuana in California
The crime of driving under the influence of marijuana is outlined in California Vehicle Code 23152(f). This section states:
“It is unlawful for a person who is under the influence of any drug to drive a vehicle.” 1 2
You violate this law when:
- You drive a vehicle; and
- You are under the influence of any drug (including cannabis);3 and
- Your mental or physical abilities are so impaired by such drug(s) that you are unable to operate the vehicle with the caution of a sober person, using ordinary care, under similar circumstances.4
Let’s take a closer look at some of these elements.
1.1. The legal definition of “driving” a vehicle
For purposes of California DUI law, the word “drive” carries its usual, everyday meaning.5
An officer can also arrest you for DUI even if they did not see you drive. The prosecution may then prove that you drove from circumstantial evidence.6
Example: A California Highway Patrol officer comes across a car parked at an angle on the shoulder of a highway. The car has one occupant, Darryl. Even though the officer did not see Darryl drive the car, she can arrest him. The car could only have gotten onto the shoulder if someone had driven it there.7
Being behind the wheel of a vehicle is not enough
Even though circumstantial evidence can be proof of driving, merely sitting behind the wheel of a car is not enough – even with the engine running.
You drive under California law only when:
- You intentionally perform some action, and
- Such action is one that is necessary to operate and direct the course of a motor vehicle.8
Example: An LAPD officer sees Alfred get into his car and turn on the ignition after smoking a joint outside of a bar. Since Alfred never actually drove the vehicle, there is no probable cause for a DUI arrest.9 He could have been sitting in the running vehicle simply to get warm or to listen to the radio.
1.2. The legal definition of “under the influence” of marijuana
You are “under the influence” of marijuana when:
- As a result of consuming cannabis,
- Your mental or physical abilities are so impaired,
- That you are unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.10
Whether you were under the influence is an issue to be decided by a “trier of fact.” The trier of fact can be:
- A jury, or
- If you prefer, a judge (in a California “bench” trial).
The jury or judge will decide whether the prosecutor has proved beyond a reasonable doubt that you drove under the influence of marijuana.
2. How can the state prove a DUI of marijuana charge?
Proving a DUI of marijuana presents serious challenges for a prosecutor. This is because, unlike alcohol, 11 there is no “legal limit” for marijuana under California law.12
In this respect, California is different from some other states. Some states restrict the amount of THC that can be in your bloodstream.13
THC (short for “delta-9-tetrahydrocannabinol”) is the main psychoactive ingredient in marijuana.14 It is what makes you feel “stoned” or “high.”
Some strains of weed are low in THC and high in a substance known as “cannabidiol” (“CBD”). CBD is a non-psychoactive substance found in marijuana.
Many medical marijuana users choose high CBD strains to obtain the health benefits of cannabis without getting high. 15
Chemical tests for cannabis are not reliable
Some of the reasons why California has no legal limit for THC include that:
- Chemical tests for THC are not yet reliable enough, and
- Experts cannot agree on how much marijuana is too much for driving.16
We discuss these issues at length in Sections 4 and 5, below. In short, a chemical test alone is usually not sufficient to convict you of DUI of marijuana. Moreover, studies have shown field sobriety tests to be unreliable as well in proving impairment from marijuana.
You can be convicted without a chemical test
Chemical test results are not necessary to convict you of DUI of marijuana.17 They are just one piece of evidence the prosecutor can use to show impaired driving. 18
This means a prosecutor can charge you with driving under the influence even if you are not offered, or you refuse to take, a chemical test.
What other evidence can be used to convict me of DUI of cannabis?
In addition to (or instead of) chemical test results, evidence of driving under the influence of marijuana may include:
- Your driving pattern;
- Your statements to the police officer;
- Your performance on Field Sobriety Tests (FSTs);
- The presence of marijuana or drug paraphernalia in your car or on your person;
- Physical symptoms of intoxication, such as:
- Dilated pupils,
- Rapid heart rate,
- Rapid breathing,
- The odor of marijuana coming from your body,
- Red eyes,
- Dry “cotton” mouth, and/or
- Slowed reaction time; and/or
- Evidence showing that you are addicted to marijuana. 19
Drug recognition experts
Most of the evidence of impairment will be established through testimony from the arresting officer. Though some California law enforcement agencies also employ a “Drug Recognition Expert” (DRE).20
The DRE will examine you and may testify at trial about your physical symptoms of impairment.
3. Which chemical test will I have to take?
When you are arrested for driving under the influence, you must be offered the choice of either a DUI breath test or a DUI blood test.21
Most drivers choose a breath test, which is less invasive than a blood test.
However, if drug use is suspected, you may be required to take a blood test, even if you initially chose a breath test. This additional test may be requested, however, only if the officer reasonably believes that:
- You are under the influence of marijuana or other drugs, and
- A blood test will reveal the presence of drugs.22
This typically happens in the following situations:
- A breath test comes up negative, or low, for alcohol, and/or
- The officer smelled marijuana on you, and/or
- The officer observed physical signs of intoxication, and/or
- The officer found drugs and/or drug paraphernalia in your car.
Note that if you cannot take a blood test because of a medical condition (such as hemophilia) – or if blood testing is not available – you may take a urine test instead. 23
4. How reliable are chemical tests for marijuana?
There are three basic problems with using chemical tests to prove that you drove under the influence of marijuana:
- Chemical tests do not indicate reliably when cannabis was used;
- They do not indicate reliably how much was used; and
- There is no consensus on how much marijuana leads to impaired driving.24
Test results can also vary depending on which type of test is used.
Let’s take a quick look at the problems associated with blood, urine and saliva tests for marijuana.
4.1. Blood tests
The most commonly used chemical test in a DUI of marijuana case is a blood test. Blood tests look directly for the presence of delta-9-tetrahydrocannabinol (“THC”).
Though unlike alcohol, THC is not metabolized at a steady rate, especially when it is smoked. Instead, the level of THC in the blood can peak in as little as ten minutes, after which it declines rapidly.25
By the time you have been arrested and a blood sample has been taken, most (but not all) of the THC is gone.26
THC is detectable for up to a month after marijuana use
The bigger problem with a blood test for THC is that unlike alcohol, which is water-soluble, THC is fat-soluble. This means that once ingested, it is stored in your body’s fatty tissues.
These fatty tissues can leach stored THC back into the blood for up to one month or longer. So a blood test for THC can be positive even if you have not recently smoked or consumed marijuana. 27
What is more, low THC levels in the blood can result either from:
- Relatively recent use (for example, smoking within the prior 1 – 3 hours), or
- Chronic use (even without any recent ingestion).28
So a positive blood test does not mean much in the context of a possible VC 23152 violation.
4.2. Urine tests
A urine test does not check directly for the presence of THC. Instead, it detects the presence of inactive metabolites that are found in marijuana.29
These inactive metabolites can be detected in urine long after marijuana use. Some estimates suggest they can be detected for up to four weeks in chronic users.30
Since these substances do not themselves cause impairment, a positive urine test does not prove that you were “under the influence” of marijuana. It merely indicates that you consumed cannabis at some point within the last month or so.31
High CBD / low THC strains are prone to false positives
High CBD/low THC marijuana is particularly susceptible to misleading urine test results.32 This is because even though this type of cannabis does not get you high, it still contains cannabis metabolites other than THC. These metabolites can trigger a “false positive” result on a DUI urine test.
4.3. Oral swabs / saliva tests
Some California counties have begun using a roadside “oral fluid” (saliva) test for marijuana.33 The test is performed by swabbing the insides of your mouth with a cotton swab.
Such swabs are relatively non-invasive. They can also narrow the window of marijuana use to a few hours. 34
Though while saliva tests are good at detecting the presence of marijuana, they are not reliable indicators of how much was consumed or whether you were impaired.35
Saliva tests have also not yet been ruled admissible in driving under the influence cases.
So at present, law enforcement agencies that use saliva tests do so as a preliminary screening test only. If your saliva tests positive for THC, the officer will most likely then arrest you and require a blood test.
5. Can I refuse to take a DUI chemical test for marijuana?
In California, you are deemed to have consented to a chemical test for alcohol and/or drugs if you are lawfully arrested for DUI. This is known as California’s “implied consent” law. 36
During a traffic stop or at a DUI checkpoint, an officer may ask you to:
- Blow into a hand-held Breathalyzer for a preliminary alcohol screening (PAS) test,
- Submit to a saliva swab to test for marijuana and/or other drugs, and/or
- Perform one or more field sobriety tests (such as the “one-leg stand” test).
As long as you have not yet been placed under arrest, you may legally decline to take all these tests.37
Penalties for refusing a post-arrest chemical test
Once you have been lawfully arrested for DUI, refusal to take a chemical test has consequences. These include an automatic one-year suspension of your driver’s license – even if you are not charged with, or are later found “not guilty” of, driving under the influence. 38
Other consequences of a chemical test refusal include increased penalties if you are later convicted of DUI. For a first-time conviction, these enhanced penalties can include:
- Two extra days in jail, and
- Nine months of California DUI school, instead of the usual three-month program.39
6. Must I be offered a chemical test?
Police are not required to offer you a chemical test. This is important because, as we discussed above, THC and other marijuana metabolites remain in the blood and urine for a long time. So a negative chemical test is a strong indication that you did not use marijuana.
If you want such exculpatory evidence, you must affirmatively request a chemical test. The police must allow you to take one provided that you are willing to pay for the test at your own expense. 40
7. Does marijuana impair driving ability?
THC can produce alterations in motor behavior, perception, cognition, and memory.41 Though so far, studies have not shown a consistent correlation between THC use and driver impairment.
In fact, in some studies, drivers have been least impaired when THC concentration in the blood is at its highest. Plus some drivers have shown more significant impairment when their THC levels were low.42
This may simply be because drivers tend to drive more cautiously after significant marijuana use.43
8. The penalties for DUI of marijuana
Penalties for DUI of marijuana are the same as for an alcohol DUI. Unless a serious accident is involved, it is usually charged as a misdemeanor. (It does not matter whether you used medicinal or recreational marijuana.)
If someone is seriously injured, the offense becomes a California “wobbler.” A “wobbler” can be charged as either a misdemeanor or a felony, at the prosecutor’s discretion.
8.1. Misdemeanor punishment
As a first offense, punishment for any DUI conviction (including DUI of marijuana) can include:
- Informal (summary) probation for three (3) to five (5) years,
- Between 96 hours and six months in county jail,
- A fine of between $390 and $1,000, and/or
- A six-month driver’s license suspension. 44
These penalties increase slightly for a second or third conviction.
8.2. Felony punishment for DUI of marijuana
In rare cases, DUI of marijuana can be charged as a felony. This can occur if:
- An accident due to cannabis use results in injury (or death) to a third party, 45 or
- You have three or more prior DUI or wet reckless convictions within the last 10 years, or
- You have even one prior felony conviction within the 10 preceding years.46
Felony penalties for driving under the influence can include:
- Felony (formal) probation, and/or
- A California state prison sentence, and/or
- A one-year or longer suspension of your driver’s license.47
If a third party dies due to your impaired driving, you could conceivably be charged with:
- Gross vehicular manslaughter while intoxicated, Penal Code 191.5(a) PC, or even
- Second-degree murder – known as “Watson” murder or DUI murder.48
9. Legal defenses to DUI of marijuana
Many legal defenses to driving under the influence of alcohol can also be used to fight DUI marijuana charges. Common legal defenses include taking the position that:
- You did not drive (“no driving” defense),
- The DUI traffic stop and/or arrest was unlawful, and/or
- The police failed to conduct a chemical test in accordance with California Title 17 regulations.
Though a few defenses are special to charges of DUI marijuana (or driving under the combined influence of marijuana and alcohol).49
Let’s take a brief look at each of these defenses.
9.1. You have not used marijuana
Marijuana’s metabolites are fairly unique. As a result, it is unlikely that you will test positive for marijuana if you have not used it within the last month or so.
A negative chemical test result is, therefore, usually a good indication that you are not guilty of DUI of marijuana.
However, even a “positive” result can sometimes be inaccurate. Reasons for such inaccuracy include:
- Flaws with the chemical test procedures or equipment, or
- Certain medications, such as proton pump inhibitors (for example, Protonix) for gastrointestinal reflux disease.50
You should tell us about ALL drugs and supplements you use – whether prescription, over-the-counter, or illegal.
9.2. You recently used marijuana, but are no longer high
Chemical tests can show whether you used marijuana, but not how long ago you consumed it.
Occasional users may test positive for marijuana for up to 12 hours after smoking it. People who use it more frequently may test positive for THC even if it has been days since they last smoked or consumed weed.51
Chronic users may test positive for a month or more after using marijuana – even if they have stopped using it completely.52
This is why prosecutors in DUI marijuana cases cannot rely on chemical tests as “smoking guns.” We will make this clear to the prosecutor and – if your DUI of marijuana case goes to trial – to the judge or jury.
9.3. You used marijuana, but your driving was not impaired
Even if the prosecutor can prove you recently used marijuana, it does not mean you will be convicted.
The California legislature has not set a “per se” blood THC limit, such as the maximum .08% limit it has set for blood alcohol content (BAC).53 This means that the prosecutor must prove beyond a reasonable doubt that you were actually impaired when you drove.54
As Santa Ana criminal and DUI defense lawyer John Murray55 explains:
“No one agrees exactly how much THC in the blood makes a driver ‘impaired.’ The burden is on the prosecutor to prove that someone’s drug use actually affected his or her ability to drive safely. With marijuana especially, that can be difficult to do.”
Driving while addicted is a crime
It is important to note that it is a crime in California to drive while addicted to any drug (including marijuana).56 Addicted driving is considered a form of California DUI and carries the same penalties.
Prosecutors rarely bring charges for driving while addicted to a drug. However, a zealous prosecutor who cannot prove you were impaired might try instead to prove you were addicted to marijuana.
9.4. Legal marijuana use is not a defense to DUI marijuana
It is not a defense to DUI drug charges that you had the legal right to use marijuana. This is true even if you were using the drug under California’s medical marijuana laws.57
If a drug impairs driving, it does not matter whether it is legally or even medically necessary. If your ability to drive safely is impaired, you may not lawfully drive.
9.5. It is not a defense that your impairment was based partly on other causes
It is also not a defense to the charges that your impairment was caused in part by something other than marijuana.
For example, perhaps you were using marijuana to treat a migraine, and the migraine was the main cause of the impairment.
If your impairment resulted in even a little from the use of marijuana, you can be found guilty.58
But the prosecutor must still prove that you were actually impaired.
10. Related offenses to DUI marijuana
10.1. Driving in possession of marijuana — Vehicle Code 23222
Driving with an open container of marijuana in the car is generally illegal in California. It is prohibited by Vehicle Code 23222(b), California’s law on “driving in possession of marijuana.” 59
This law does not apply, however, to open containers of weed in the trunk of the vehicle.
Violation of VC 23222(b) is an infraction. It can be punished by a fine of up to $100.
10.2. Unlawful possession of marijuana for personal use
Effective January 1, 2018, adults age 21 and over may lawfully possess the following quantity of marijuana in California:
- Up to 28.5 grams of flowers, stems, seeds, etc., or
- Up to eight grams of concentrated cannabis (hashish).60
Possession of marijuana in more than this amount is a misdemeanor for anyone age 18 or older. It can be punished by:
- Up to six (6) months in county jail, and/or
- Up to five hundred dollars ($500) in fines.61
Possession of smaller quantities by people aged 18-20 – or possession of any quantity by someone under 18 – is an infraction. Depending on your age and the amount possessed, it can be punished by:
- A fine of up to $100,
- Mandatory drug education or counseling, and/or
- Mandatory community service.62
Additional resources
For more information, refer to the following:
- Field sobriety tests may be insufficient in DUI cases involving cannabis: UCSD study – Article by 7 San Diego NBC.
- For police, catching stoned drivers isn’t so easy – Article in Los Angeles Times.
- How does law enforcement know if you’re too high to drive? What California law says – Article in The Sacramento Bee.
- Marijuana and driving: California lacks legal THC limit – Article by CBSNews Los Angeles.
- Drug-Impaired Driving – Legal overview by the California Office of Traffic Safety.
Legal references:
- California Vehicle Code 231f2(f).
- See also California Vehicle Code 23152 (g) VC: “It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.”
- CALCRIM 2110: “[A drug is a substance or combination of substances, other than alcohol, that could so affect the nervous system, brain, or muscles of a person that it would appreciably impair his or her ability to drive as an ordinarily cautious person, in full possession of his or her faculties and using reasonable care, would drive under similar circumstances. See also Health and Safety Code 11054(d)(13). Health and Safety Code 11054 is part of California’s “Uniform Controlled Substances Act.” Under HS 11054(d)(13), cannabis (marijuana) is classified as a Schedule 1 hallucinogen.
- CALCRIM 2110.
- See People v. Wilson (1985) 176 Cal. App. 3d Supp. 1 (“[W]e conclude that a reasonable person would construe the phrase ‘to drive a vehicle’ in subdivision (a) of section 23152 of the Vehicle Code as encompassing any act or action which is necessary to operate the mechanism and controls and direct the course of a motor vehicle.”).
- See People v. McGinnis (1953) 123 Cal.App.2d Supp. 945, 267 P.2d 458 (holding that the guilt of an accused in DUI cases may be established by circumstantial as well as by direct evidence, and that the right to draw proper inferences from the evidence is a function of the jury).
- Facts adapted from People v. Wilson, endnote 5 (“From the combination of circumstances–defendant’s sitting in a vehicle in the center of the street–behind the wheel–engine running–lights on, it can be inferred that defendant must have placed himself in such position, and that he accomplished this by driving the car to the place at which he was found.”)
- People v. Wilson, endnote 5.
- See, for example, Mercer v. Department of Motor Vehicles (1991) 280 Cal. Rptr. 745, 53 Cal. 3d 753, 809 P.2d 404 (“Based on (i) the ‘plain meaning’ of the statutory term ‘drive,’ (ii) the use of that and related terms by our Legislature in related statutes, and (iii) the interpretation of the word ‘drive’ and related terms in numerous decisions by our sister states, we conclude section 23152 requires proof of volitional movement of a vehicle.”)
- CALCRIM 2110 (“A person is under the influence if, as a result of (drinking [or consuming] an alcoholic beverage/ [and/or] taking a drug), his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.”).See also People v. Enriquez (1996) 42 Cal.App.4th 661, 49 Cal.Rptr.2d 710 (“To be ‘under the influence’ within the meaning of the Vehicle Code, the … drug(s) must have so far affected the nervous system, the brain, or muscles as to impair to an appreciable degree the ability to operate a vehicle in a manner like that of an ordinarily prudent and cautious person in full possession of his faculties.”)
- DUI of alcohol can be charged under VC 23152(a) if the prosecutor proves that someone’s driving was impaired by alcohol, regardless of blood alcohol content (“BAC). But DUI can also be charged under VC 23152(b) when a driver’s BAC is .08 or greater, even if his/her driving is not actually impaired. This is known as a DUI “per se.” Another (less accurate) way to put this is that the “legal limit” for alcohol in California is .08 %. There is no equivalent “per se” limit for marijuana.
- See, for example, KQED News, “How Much Marijuana Is Too Much to Drive?”, December 21, 2017.
- For instance, Washington state law specifies that adult drivers are considered DUI if they have five nanograms of more of active tetrahydrocannabinol (THC) in their blood. Revised Code of Washington (RCW) 46.61.502(1)(b).
- Centers for Disease Control and Prevention, “What is marijuana?”; See also Ziva D. Cooper and Margaret Haney, “Actions of delta-9-tetrahydrocannabinol in cannabis,” JournalInternational Review of Psychiatry, Volume 21, 2009 – Issue 2.
- See, for example, WebMD, “As CBD Oil Flirts with Mainstream, Questions Mount,” June 5, 2018.
- See National Institute on Drug Abuse, “Effects of marijuana – with and without alcohol – on driving performance,” June 23, 2015.
- People v. Macknic (1967) 257 Cal.App.2d 370, 64 Cal.Rptr. 833 (holding that detailed testimony by an expert as to the defendant’s observable physical and mental reactive state was sufficient to prove that defendant was “under the influence” of a narcotic drug).
- People v. McGinnis, endnote 6.
- See, for example, People v. Weathington (1991) 231 Cal.App.3d 69, 282 Cal.Rptr. 170 (“If the issue is whether the ability of the driver to operate his vehicle is impaired, the manner in which the vehicle is driven is evidence which tends to prove or disprove that fact.”). The Weathington court also found there was substantial evidence of impaired driving due to the defendant’s slurred speech, swaying, staggering walk, and statements regarding his consumption of alcohol.See also WebMD, “How Does Marijuana Affect You?”
- See, for example, Los Angeles Police Department, “The Evolution of the DRE Officer and Program.”
- Vehicle Code 23612(a)(2)(B)
- Vehicle Code 23612(a)(2)(C)
- Same.
- NPR, “Scientists Still Seek A Reliable DUI Test For Marijuana,” July 30, 2017.
- Same.
- “Marijuana-Impaired Driving: A Report to Congress,” National Highway Safety Traffic Administration, pp. 5-6.
- Same, pp. 4-5.
- Same, p. 7.
- An example of such metabolites is THC carboxylic acid (THC-COOH). See, for example, Jason C. Laberge and Nicholas J. War, “Research Note: Cannabis and Driving — Research Needs and Issues for Transportation Policy,” The Journal of Drug Issues (2004).
- Same.
- Same.
- See, for example, WebMD, “As CBD Oil Flirts with Mainstream, Questions Mount,” June 5, 2018.
- See Los Angeles Times, “Police are using new mouth-swab tests to nab drivers under the influence of marijuana and other drugs,” March 17, 2017.
- Marilyn A. Huestis and Michael L. Smith, “Cannabinoid Markers in Biological Fluids and Tissues: Revealing Intake,” December 2017.
- See “Scientists Still Seek A Reliable DUI Test For Marijuana,” endnote 24.
- See Vehicle Code 23612(a)(1)(B)
- Same.
- See Vehicle Code 13353 VC.
- See Vehicle Code 13353 VC.
- People v. Macknic, endnote 17.
- WebMD, endnote 32.
- “Marijuana-Impaired Driving, a Report to Congress,” endnote 26, p. 7.
- Maggie Koerth-Baker, “Driving Under the Influence, of Marijuana,” NYTimes.com, Feb. 17, 2014.
- See, for example, Vehicle Code 23536 VC [penalties for a first violation of VC 23152].
- Vehicle Code 23153:
- Vehicle Code 23513 VC.
- Vehicle Code 23554See also Vehicle Code 13352(a)(2): “Upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year…”
- Penal Code 187 PC.
- Vehicle Code 23152(g), endnote 2.
- See, for example, Wyeth Pharmaceuticals’ prescribing information for Protonix: “5.11 Interference with Urine Screen for THC. There have been reports of false-positive urine screening tests for tetrahydrocannabinol (THC) in patients receiving PPIs, including PROTONIX.”
- “Marijuana-Impaired Driving, a Report to Congress,” endnote 26.
- Same.
- See Vehicle Code 23152(b).
- See, for example, People v. Torres (2009)173 Cal.App.4th 977, 93 Cal.Rptr.3d 303 (holding that the potential of methamphetamine to impair driving was insufficient to convict the defendant of DUI drugs [and by extension DUI of marijuana] absent expert evidence showing that his drug use actually affected his driving ability).
- Santa Ana criminal and DUI defense lawyer John Murray is one of Southern California’s leading experts on DUI criminal defense. He has considerable expertise on the law governing driving and marijuana use as well as a proven track record of success at DMV hearing locations throughout southern California, including those in the City of Commerce, Covina, El Segundo, Oxnard, San Bernardino, and Van Nuys.
- Vehicle Code 23152(c) VC.
- CALCRIM 2110: “[It is not a defense that the defendant was legally entitled to use the drug.]”
- Same: “[If the defendant was under the influence of (an alcoholic beverage/[and/or] a drug), then it is not a defense that something else also impaired (his/her) ability to drive.”
- Vehicle Code 23222(b)(1)
- Health and Safety Code 11357(a).
- Health and Safety Code 11357(b)(2).
- Health and Safety Code 11357(b)(1).