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) 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 of driving under the influence of marijuana may include:
Charges associated with DUI of marijuana include:
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:
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:
If a Third DUI charge means an individual’s third DUI charge (including either drug or alcohol). The possible penalties for this offense include:
The penalties for a misdemeanor DUI with injury include:
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:
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:
In any case, given the situation if the case goes from bad, to worse, reckless driving can also potentially be a risk factor.
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.
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