California Vehicle Code §23152 and §23153 make it unlawful for a person to be operating a vehicle if they are under the influence of alcohol, drugs, or both. With recent changes in recreational marijuana many of our clients receive DUI charges for driving under the influence of marijuana. Because it is a newly passed law, and the legislature still has to work through the different issues, there is a sense of confusion as to what is legal and illegal.
It may be legal to participate in medicinal or recreational marijuana, just like it is legal to consume alcohol if you are of appropriate age. However, it is illegal to operate any type of vehicle, while under the influence of either alcohol, or marijuana.
The law is clear. If you are intoxicated, and are operating a vehicle, you can be charged with a DUI in Los Angeles. What is unclear, however, is how officers can prove that you are under the influence of marijuana alone. This is why an experienced and knowledgeable Los Angeles DUI lawyer is a significant asset in your case.