A DUI Arrest Based Upon Use Of Marijuana Is Difficult To Prove (CVC 23152a)
December 31, 2012

If a driver is pulled over for a traffic violation, an officer may elevate the encounter to a full DUI investigation depending upon the surrounding facts and circumstances. Once an officer develops sufficient legal cause to believe a driver is under the influence, a breath or blood test will be performed to determine the amount of alcohol in their system. In California, predetermined amounts of alcohol in the blood are used to establish whether a driver’s blood alcohol exceeded the legal limit at the time of driving.

Under California Vehicle Code 23152(a), driving under the influence of marijuana, there is no predetermined or “per se” level established by law to determine “impairment” Residual effects of marijuana occur after a period of active impairment. How long the active impairment and residual effects last is difficult to determine in a court of law. Officers understand the difficulty of proving impairment due to marijuana. As a result, officers will place additional emphasis on circumstantial evidence such as: field sobriety tests; driving pattern or collision evidence; witness statements; admissions, etc. Even without precise chemical evidence of impairment, prosecutors will pursue DUI convictions based on circumstantial evidence of impairment or intoxication.

If you are arrested and charged with a DUI in Orange County, contact one of our experienced DUI attorneys at Wallin and Klarich.  We will help protect your rights and find the best defense strategy for your case.  For over 30 years, our attorneys have been helping clients keep their driver’s license and maintain the ability to continue driving.  Please call us at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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