In 2016, California passed Proposition 64, The Adult Use of Marijuana Act. Proposition 64 allows adults to lawfully possess and use marijuana in California. This act has spiked the number of Marijuana DUI arrests and convictions in California. To prove that you were under the influence of marijuana while driving, the prosecution must prove:
Vehicle Code Section 23152(e):
- The Defendant drove a motor vehicle
- The Defendant did so while under the influence of any drug
Marijuana DUIs are unique in California because the legislature has not come up with a presumptive limit, like alcohol (.08 BAC), that automatically implies that you are under the influence of marijuana. Colorado, a state that legalized marijuana in 2012, has a presumptive limit of 5-nanograms per milliliter for a blood sample. This means that there is a permissible inference that you were under the influence of marijuana if your blood results were 5-nanograms or above. Because California does not have a presumptive limit for marijuana DUIs, talented marijuana defense attorneys can mount a variety of defenses against marijuana DUI charges.
The attorneys at HHJ Trial Attorneys are well known in the community for their success on marijuana DUI Cases. HHJ will carefully examine the legality of the stop, arrest, and blood results to ensure you receive the best defense.
Drug DUIs include both prescription drugs and street drugs. Prescription drug DUIs involve Xanax, Ambien, pain management drugs (e.g., Vicodin), as well as many others. Most street drug DUIs include methamphetamine, ecstasy, heroin, and cocaine.
Drug DUIs are also prosecuted under Vehicle Code section 23152(e) or Vehicle Code section 23152(f). The attorneys at HHJ have handled countless drug DUIs and are well versed in drug-DUI science. If you have been charged with a drug DUI please call HHJ now for a free case evaluation.