If you were convicted of marijuana DUI in San Diego, California, you could face severe criminal penalties. Cannabis (marijuana) may be legal in California for adult recreational and medical use. However, marijuana DUI laws prohibit driving while under the influence of marijuana.
If you were charged with marijuana DUI, you need an aggressive criminal defense lawyer on your side. At Blair Defense Criminal Lawyers, our top-rated San Diego marijuana DUI attorneys have over a decade of experience handling criminal cases. We will fight your DUI charges and work to obtain the most favorable outcome available in your case.
Contact Blair Defense Criminal Lawyers at (619) 357-4977 today to schedule a free consultation with our experienced San Diego DUI lawyers.
How Our San Diego Criminal Defense Lawyers Help You Fight Marijuana DUI Charges in California
Driving under the influence of marijuana is a serious offense in San Diego, California. Depending on the circumstances in your case, you could receive life-altering punishments for a conviction. The collateral consequences of a marijuana DUI conviction could impact your personal and professional life.
If you have been arrested for marijuana DUI, we can help. When you hire our top-rated San Diego DUI lawyers, you can trust we will:
- Complete a thorough investigation into the marijuana DUI charges against you
- Review the police reports and forensic evidence in your case
- Gather evidence to dispute the charges, including working with expert witnesses when necessary
- File pre-trial motions challenging evidence and police misconduct
- Negotiate with the prosecutor for a fair plea agreement if that is in your best interest
- Take your case to trial when necessary
Our San Diego criminal defense lawyers are nationally recognized for their legal services. We have received awards and top ratings from Super Lawyers, Avvo, The National Trial Lawyers Top 100, and America’s Top 100 Criminal Defense Attorneys.
Call Blair Defense Criminal Lawyers to schedule a free case evaluation with an attorney. You should not have to fight your DUI charges alone.
Driving Under the Influence of Marijuana Is Illegal in California
California DUI laws make it unlawful for someone who is addicted to any drug to operate a motor vehicle. It is also unlawful to drive a vehicle while under the influence of any drug. Therefore, you can be convicted of marijuana DUI if the state can prove:
- You are an addict, even if you were not under the influence of marijuana at the time of your DUI arrest OR
- You were driving under the influence of marijuana
The state does not need to prove you have a certain amount of marijuana in your system for a conviction. Furthermore, there is no exception for medical marijuana. Any marijuana in your system can result in a conviction if the state proves that the marijuana impaired your ability to operate a motor vehicle safely.
Prosecutors use evidence to prove you were impaired when you were arrested. Evidence includes field sobriety tests, eyewitness testimony, and video footage from dash cams.
What Are the Penalties for a Marijuana DUI Conviction in San Diego, CA?
If you are convicted of marijuana DUI, you face severe penalties. Many DUI charges are misdemeanors, but some charges are felonies. The penalties for a marijuana DUI include:
- First Offense Marijuana DUI – The penalties for a first offense are up to six months in jail, fines, and assessments. You will be required to complete a three-month substance abuse education program and may have your license suspended.
- Second Offense Marijuana DUI – The penalties for a second offense are up to one year in jail, fines, and assessments. You will be ordered to complete nine months of substance abuse education and treatment and may have your license suspended.
- Third Offense Marijuana DUI – The penalties for a third offense include up to one year in jail, fines, and assessments. You may be ordered to attend a 30-month alcohol treatment program and have your driver’s license revoked.
- Fourth Offense Marijuana DUI – For your fourth or subsequent conviction, you face years in state prison, fines, and assessments. Your driver’s license will also be revoked.
The fines for each of these penalties can reach up to $1,000, and a DUI causing an injury can result in a fine of up to $5,000. California law also requires the installation of an ignition interlock device for repeat offenders.
Additionally, the penalties for a marijuana DUI conviction may increase if your case involves aggravating factors, such as someone being injured in a DUI accident. DUI probation is often included in the judge’s order. An attorney can help you develop a defense to the DUI charges that could lessen the penalties for a conviction or plea deal.
Potential Defenses to Marijuana DUI Charges
Our legal team will analyze the evidence to prepare a strong defense against your marijuana DUI charges. Potential defenses include:
- You were not operating the motor vehicle.
- There was There was no marijuana in your system.
- You were stopped at an illegal DUI stop or DUI checkpoint.
- The police officer violated your rights.
- Your driving abilities were not impaired.
Contact our office to discuss the potential defenses to your marijuana DUI charges. There could be additional defenses, given the facts of your case.
Schedule a Free Consultation With A DUI Attorney in San Diego
If you have been arrested for marijuana DUI in San Diego, you need an attorney with experience handling drug-impaired DUI cases. Call Blair Defense Criminal Lawyers to speak with a San Diego marijuana DUI lawyer as soon as possible. The sooner you have legal counsel, the better your chances in criminal court.