Driving Under the Influence of Marijuana in California

California’s position on marijuana has modernized and allowed the usage of the substance. What’s more, this shows that CA is a lot more lax than its strict rules against it in the past. However, the laws surrounding driving under the influence (DUI) of cannabis are complex and carry serious legal problems if one were to break the law. Whereas recreational and medicinal use is legal for adults, yet on the other, operating a vehicle while impaired by marijuana is strictly prohibited and treated with the same severity as driving under the influence of alcohol. Understanding these laws, your rights, and the potential penalties is crucial for all California drivers. At KAASS LAW, we are dedicated to providing clarity on this critical issue and offering robust legal defense to those facing DUI or marijuana charges.

Vehicle Code Section 23152(f) Driving Under the Influence

Vehicle Code section 23152(f) applies to driving under the influence of marijuana. Under VC Section 23152(f), “an individual is prohibited from driving under the influence of drugs.” “Drugs“ for purposes of this code section refers to any drugs (both illicit or prescribed) that can impair one’s driving abilities. Examples of drugs that apply under this code section include marijuana, LSD, cocaine, and even sleeping pills.  Without a doubt, this is a very serious matter.

Evidence a Police Officer Uses to Determine if a Driver Is Under the Influence of Marijuana

Evidence of driving under the influence of marijuana may include:

• The defendant’s performance on Field Sobriety Tests (FSTs);
• Slow reaction time
• Defendant’s driving pattern;
• Statements made to the police officer;
• Finding marijuana or drug paraphernalia in the defendant’s car or on the defendant
• Dilated pupils
• Red eyes
• The odor of marijuana coming from the defendant
• Dry “cotton“ mouth

What Are the Charges for DUI of Marijuana?

Charges associated with DUI of marijuana include:

• First DUI offense
• Second DUI offense
• Third DUI offense
• Misdemeanor DUI with injury
• Felony DUI
• Felony DUI with injury

What are the Penalties for a 1st DUI of Marijuana?

A first DUI charge essentially means that it is the individual’s first-time DUI charge (including either drug or alcohol). The possible penalties associated with this first DUI of marijuana include:

• Up to 6 months in jail;
• paying a fine anywhere from $390 to $1,000;
• 3 to 9 months of DUI school; and
• driver’s license revoked for 6 to 10 months

What are the Penalties for a 2nd DUI of Marijuana?

A Second DUI charge essentially means that it is the individual’s second DUI charge (including drug or alcohol). The possible penalties for this second-time offender include:

• 96 mandatory hours in county jail to a maximum sentence of one year;
• paying fines from $390 to $1,000, 30 months of DUI school; and
• driver’s license revoked for 2 years

What are the Penalties for a 3rd DUI of Marijuana?

If a Third DUI charge means an individual’s third DUI charge (including either drug or alcohol). The possible penalties for this offense include:

• 120 days of mandatory jail time in county jail to a maximum sentence of one year;
• paying fines from $390 to $1,000;
• 30 months of DUI school; and
• driver’s license revoked for 3 years

What are the Penalties for a Misdemeanor DUI with Injury?

The penalties for a misdemeanor DUI with injury include:

• 5 days of mandatory jail time in county jail to a maximum of one year;
• paying fines from $390 to $5,000;
• taking DUI school anywhere from 3, 18, or 30 months; and
• driving license revoked for 1 to 3 years

What are the Penalties for a Felony DUI?

A felony DUI occurs if it is the individual’s fourth DUI offense within the past 10 years. Additionally, the driver has a prior felony DUI conviction. Or if the driver causes an accident in which the other parties die or are injured as a result of the accident. Penalties for a Felony DUI include:

• 16 months of mandatory jail time in county jail;
• 2 to 3 years of state prison;
• paying fines anywhere from $390 to $1,000;
• 18 to 30 months of DUI school; and
• driver’s license revoked for 4 years

What are the Penalties for a Felony DUI with Injury?

In this case of a felony DUI with injuries occurs when an individual drives under the influence and then causes bodily injury or death to another. Consequently, penalties for a felony DUI with Injury include:

• 16 months of mandatory jail time in county jail or up to 16 years in state prison;
• paying fines anywhere from $1,015 to $5,000;
• 18 to 30 months of DUI school; and
• driver’s license revoked for 5 years

Reckless Driving

In any case, given the situation if the case goes from bad, to worse, reckless driving can also potentially be a risk factor.

Contact Us

Driving under the influence of marijuana carries serious legal consequences in California. Additionally, don’t navigate this complex legal landscape alone. In brief, please contact KAASS LAW today for a confidential consultation to discuss your case and learn how we can help protect your future across the state. Overall, we can help conduct, analyze, challenge, and negotiate for you so we may provide an aggressive and effective representation.