Is It Illegal to Smoke and Drive?

Since 2018, residents and guests in California who’re not less than 21 years outdated have had the appropriate to buy, possess, and use marijuana. Nonetheless, marijuana use isn’t carte blanche within the state, there are some restrictions as to the place the drug will be consumed. For instance, it’s unlawful to smoke whereas driving a motorcar on public roadways. In case you are caught doing so, you will be topic to penalties that embody incarceration or lack of driving privileges.

If in case you have been accused of smoking and driving and are going through a marijuana DUI cost, the Los Angeles DUI Lawyer’s authorized group can assist you perceive the felony protection course of and supply companies aimed toward minimizing the results of a possible conviction. Contact us for a case analysis.

The Regulation That Makes It Unlawful to Smoke and Drive in California

With the passage of the regulation allowing adults to make use of marijuana in California, state lawmakers additionally handed Senate Bill 65, which amended Part 23220 of the Car Code to state that not solely is it unlawful to drive whereas consuming an alcoholic beverage, however it is usually unlawful to drive whereas smoking marijuana.

How Does Regulation Enforcement Know That Somebody Is Smoking and Driving?

Typically, regulation enforcement officers make contact with people who they think are driving whereas smoking marijuana within the following circumstances:

• The officer pulled the motive force over after observing them driving like they’re impaired, reminiscent of weaving out and in of the journey lane, or driving nicely above or beneath the velocity restrict.
• The officer contacted the motive force at a DUI checkpoint and detected the scent of marijuana within the car, or the presence of an open marijuana container or paraphernalia within the car.
• The motive force was concerned in an accident that resulted in accidents or demise and there’s cause to consider the accident was a results of impaired driving.

The Potential Penalties of a Marijuana DUI

Besides in circumstances involving an harm or deadly accident, or different extenuating circumstances, people who’ve been convicted of marijuana DUI can count on to be charged with a misdemeanor offense. 

A misdemeanor marijuana DUI carries penalties of:

• As much as six months in county jail
• A suspension of 1’s driver’s license for as much as six months
• Unsupervised probation of as much as 5 years. 

These penalties improve with subsequent DUI convictions inside a 10-year timeframe. A marijuana DUI can contain a felony cost in sure circumstances, together with:

• The DUI was a results of an accident wherein somebody was injured or killed.
• The motive force had not less than three earlier DUI offenses prior to now 10 years.
• The motive force was convicted of one other felony throughout the previous 10 years.

How a DUI Lawyer Can Defend Your Rights When You Have Been Charged for a Marijuana DUI

If in case you have been charged with a marijuana DUI, a DUI legal professional can present plenty of companies designed to guard your rights through the felony investigation course of and to mitigate the impression of a possible conviction in your life. Here’s a have a look at a number of of the companies a DUI legal professional performs for a consumer who has been accused of smoking and driving:

Figuring out the Proof Towards You

Your legal professional may have plenty of questions on how the site visitors cease leading to your cost occurred, in addition to the strategies used to find out that you just have been smoking whereas driving. This could embody:

• Chemical checks reminiscent of blood, breath, or urine checks used to find out the presence of marijuana metabolites
• The officer’s accusations of smelling marijuana within the car
• The presence of an open marijuana container or paraphernalia

The legal professional will wish to know the protocols that have been utilized in gathering this proof, in addition to the accuracy of the tools that was used.

Gathering Proof to Assist Your Innocence

There are a variety of sturdy authorized defenses in opposition to marijuana DUI expenses. For one, the chemical checks used to check for impairment can present the presence of marijuana metabolites in a driver’s blood or urine, however can not present whether or not the motive force is impaired. Moreover, the state doesn’t have a set restrict as to what constitutes impaired driving because it pertains to marijuana, and marijuana — much more than alcohol — presents distinctive results relying on the consumer.

Bear in mind, in a felony continuing, you do not need to show your innocence, however slightly, the prosecution has to show your guilt. The proof your legal professional is in search of is the kind that contradicts the prosecution’s model of how the occasions occurred, reminiscent of a chemical check that exhibits you didn’t have marijuana metabolites in your bloodstream on the time the incident occurred.

Negotiating a Plea Discount

In some circumstances, there isn’t any alternative to get the cost dismissed because of an improper process or an improperly calibrated piece of testing tools. In these circumstances, your legal professional’s protection technique will contain mitigating the results of the cost as a lot as potential by negotiating a plea cut price. A plea cut price entails you agreeing to plead responsible to a lesser cost or agreeing to plead responsible to the unique cost out-of-court, in change for lowered sentencing.

You will need to observe that in DUI circumstances, together with these involving marijuana, which can be the results of the motive force’s habit to any substance, your legal professional usually has leeway to barter a deal that entails remedy.

Marijuana DUI? We Can Assist

An skilled DUI attorney is a vital a part of your authorized protection in opposition to a marijuana DUI cost. Whether or not that is your first offense or you might be going through a felony this time round, allow us to provide you with solutions concerning the course of and extra details about how we can assist you shield your funds and freedom from a conviction. Contact us for a case analysis.