Do you need a DUI lawyer? Were you arrested while driving under the influence of marijuana? Has your license been suspended pending a trial? Then, you might need a suspended license lawyer San Francisco. While getting an experienced attorney is essential to mounting a proper defense, there are a few things that you may want to understand about marijuana DUI in California.
1. Defining a Marijuana DUI
Any San Jose DUI attorney will explain that being arrested for a DUI, especially as it relates to drug use, means that the arresting officer noticed that you were in violation of a couple of things: (1) being impaired and (2) driving. Impairment is challenging to prove with marijuana use because everyone’s tolerance level is different. However, a police officer will probably note reckless driving or the lack of ordinary care. Also, to arrest an individual for a DUI under California law, the person must be operating or directing the course of a vehicle.
2. Understanding the Evidence
Police can use a variety of tools to assess an individual’s impairment, like physical symptoms, presence of drug paraphernalia, driving patterns and chemical tests. The collected testimony of the arresting officer and any results from tests can then be used against you in court.
3. Preparing for Chemical Tests
Drivers suspected of driving under the influence of alcohol may be given the option between a breath test and a blood test. However, if a police officer suspects you are under the influence of drugs, then they may not offer the choice, forcing you to take a blood test.
4. Knowing the Problems with Chemical Tests
Do not panic if an officer demands a blood test or other chemical test, especially for marijuana. These tests are not the most reliable when it comes to cannabis. The test cannot determine the amount of the drug that was used, nor can such a test assess the level of impairment.
5. Consenting to Tests
Many drivers may be concerned about testing, and California is indeed an implied consent state, meaning that receipt of a license is consent to chemical testing. However, while you have consented to such testing upon arrest, you don’t have to feel obligated to take such tests before an arrest.
6. Requesting a Test
If pulled over for a suspected DUI, the police officer does not have to offer to perform a chemical test. Therefore, if you feel that you are wrongfully accused or arrested, then you have a right to request a chemical test to prove your sobriety.
7. Acknowledging the Penalties
Most DUIs are treated as misdemeanors. Besides, if an accident is involved, a more severe charge may occur.
8. Proving Impairment
Proving impairment through testing is difficult. THC, a chemical found in cannabis, lingers in the body for some time.
9. Understanding Possible Defenses
There are several possible defenses for marijuana DUI. For example, an unlawful stop, no chemical test performed or the driver did not drive.
10. Knowing Related Offenses
There are at least two other related offenses to a marijuana DUI. First one is driving in possession of marijuana. Second one is unlawful possession of marijuana.
If you have been arrested for marijuana DUI, then don’t go it alone. Contact a DUI attorney in your area.