It is a crime in California to operate a vehicle while under the influence of alcohol or drugs. Vehicle Code Section 23152(f) makes it a criminal offense for a person “who is under the influence of any drug to drive a vehicle.” This offense now includes marijuana which use is now legalized. If you have been arrested for DUI and the arrest involves marijuana, call the attorneys at SMITH LEGAL CENTER to protect your rights. Call now for a FREE Phone consultation.
What Are The Penalties For Marijuana DUI?
A marijuana DUI is misdemeanor offense in Los Angeles. However, the penalties that you will face will depend on the number of prior marijuana DUI convictions you have.
First Offense: Your first marijuana DUI conviction will be punishable by between 96 hours to 6 months in a Los Angeles County jail, suspension of your driver’s license for 6 months, and $1,000 in fines.
Second Offense: Your second marijuana DUI conviction will be punishable by between 90 days to one year in a Los Angeles County jail, suspension of your driver’s license for up to 2 years, and $1,000 in fines. *This second DUI conviction must be within 10 years of your initial marijuana DUI conviction.
Third and Subsequent Offenses: Subsequent marijuana DUI convictions will be punishable by between 120 days and one year in a Los Angeles County jail, permanent revocation of your driver’s license, and $1,000 in fines.
Unlike California's DUI laws regarding alcohol, which presume that your ability to drive is impaired if you have a BAC of .08 or greater, there is no "per se" THC amount that automatically presumes that you are DUI. THC is the active ingredient in marijuana. However, if a police officer believes that your mental abilities are impaired and that you cannot drive with the same caution of a sober person using ordinary care under similar circumstances, you will be arrested for DUI.