Marijuana DUI Attorney in Southern California
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Beginning in January 2018, adult recreational marijuana use became legal in California. Under Health and Safety Code – HSC 11357, individuals 21 and older can buy and possess up to 28.5 grams of marijuana and up to 8 grams of concentrated cannabis (the resin from the marijuana plant). Recreational use of marijuana is becoming more and more common; a 2017 Gallup poll reported that 12% of U.S. adults used marijuana, which is a 5% increase from 2013.
Though recreational marijuana use is legal, driving under the influence is illegal in California. If marijuana use impairs a driver’s ability to practice the same amount of caution as a sober driver, they can be charged with a marijuana DUI.
If you were charged with a marijuana DUI, The Law Offices of Paul S. Geller can provide you with personalized legal representation to help navigate the complexities of your case. Our Southern California marijuana DUI lawyer can thoroughly research your situation to present a strong legal defense on your behalf.
Call us at (626) 714-3112 to schedule a free case evaluation.
Marijuana DUI Penalties
The penalties for a marijuana conviction can be quite harsh and can have negative consequences on a person’s future. A conviction can lead to jail time and fines. Spending time in jail can strain relationships and affect current employment, and paying hefty fines can cause financial hardship. A conviction record can also hamper a person’s ability to secure a job in the future, as companies might conduct criminal background checks before making a hiring decision.
Marijuana DUI conviction penalties are as follows:
- First offense: Up to 6 months in jail and up to a $1,000 fine, driver’s license suspension of up to 10 months
- Second offense: 96 hours to 1 year in jail, up to a $1,000 fine, and driver’s license suspension of up to 2 years
- Third offense: 120 days to 1 year in jail, up to a $1,000 fine, 30 months of DUI school, and driver’s license revoked for up to 3 years
Marijuana DUI penalties are typically misdemeanors; however, felony penalties may be charged if the driver caused an accident that resulted in injury or death, has previous DUI convictions within the past 10 years, or has other felony convictions within the past 10 years.
Testing for the Presence of Marijuana in Your System
Different types of evidence can be presented to charge a person with a marijuana DUI. This evidence includes erratic driving behavior, drug paraphernalia in the vehicle, and physical symptoms such as dilated pupils, red eyes, and the scent of marijuana on the driver.
Chemical tests can also be conducted to show marijuana was in a person’s system while driving, but California does not have a “legal limit” for the amount of marijuana that impairs driving abilities.
Defenses in Marijuana DUI Cases
Various defenses can be brought up if a person is charged with a marijuana DUI, such as:
- Chemical tests show only that marijuana was in the system not when it was in the system
- The amount of marijuana in the system was not enough to cause impairment
- The individual charged was not driving
Our Experienced Lawyer Fights to Protect Your Freedom
If you are charged with a marijuana DUI, you may be worried and unsure of how to proceed. At The Law Offices of Paul S. Geller, we understand the seriousness of a marijuana DUI conviction. Our Southern California marijuana DUI attorney has over 20 years of experience handling complex legal matters and has been successful in getting charges dropped or reduced. We will fight hard to protect your rights and freedom.
Call us at (626) 714-3112 or contact us online to discuss your marijuana DUI case with us.
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