Contrary to popular belief, California Vehicle Code 23152 is not limited to charges for driving under the influence of alcohol. Those found driving impaired under the influence of marijuana may be charged for a DUI, even without the presence of alcohol.
In DUI cases involving no alcohol, and solely marijuana, the prosecution has a harder time making a stronger case. This is because State law has determined that a person with a Blood Alcohol Level of .08% makes a driver too impaired to drive.sThere is no set amount of marijuana that causes a person to be too impaired to drive and so the standard is subjective and relies on various factors. Consequently, an experienced Los Angeles Criminal Defense Attorney has the knowledge and expertise to create a powerful defense, to get a case reduced or even dismissed and in the very least penalties that fall at the lower end of the spectrum.
When pulled over for suspicion of driving the under the influence, you will be given the option to choose a breath or blood test. Criminal Defense attorneys who have handled thousands of marijuana cases will recommend that you take a breath test, as it does not register the THC found in marijuana as readily.
The penalty for Driving under the Influence of marijuana is the same as alcohol. For the first offense, there is a maximum of six months in jail, and a fine of $390 to $1000. In addition, your license will be restricted or suspended and probation will be imposed for three years. If you are under 21 years of age, the sentence will be harsher.s
Consult a Criminal Defense attorney regarding the intricacies of marijuana law. It is a highly debated field in California as it is just a fairly new area of law.