Punishment For Smoking Marijuana While Driving (CVC 23152(a))
Under California Vehicle Code Section 23152, it is unlawful for you to drive a vehicle while under the influence of an alcoholic beverage or drug, or a combination of both.
What Punishment Could I Face?
Any driving while under the influence (DUI) punishment may include the following:
- Jail time
- Fines and other related penalty assessments that will cost over $2,000; and
- Suspension of your driver’s license.
What jail time you may be facing depends on how many prior DUI convictions you may have.
My First DUI Conviction
If you have never been convicted of driving while under the influence of any drugs or alcohol, then you are facing a potential first conviction. For your first violation of driving while under the influence of marijuana, you may be facing a punishment of between 96 hours to 6 months in county jail, with at least 48 hours of continuous jail time.
My Second DUI Conviction
For your second DUI conviction within 10 years, you may face up to 1 year imprisonment in county jail.
My Third DUI Conviction
For your third DUI conviction within 10 years, you may face up to 1 year and a mandatory minimum of 120 days imprisonment in county jail.
My Fourth DUI Conviction
For your fourth DUI conviction within 10 years, you may be facing a felony and up to 3 years in custody, as well as a mandatory minimum of 6 months imprisonment in county jail and be labeled as a habitual traffic offender for three years. If you have a prior or current serious felony conviction(s), prior serious felony conviction(s) in another state, are required to register as a sex offender, or are subject to a sentence enhancement, you will be required to serve your time in state prison.
What Are My DUI Defenses?
The first thing you can do is to challenge the DUI investigation process. Police officers must have probable cause to pull you over for a DUI. An officer may have probable cause to pull you over for many reasons, including traffic violations, expired registration, or a broken brake light. If the officer does not have probable cause to pull you over, then your lawyer may be able to help you suppress the evidence against you.
Also, after the officer pulls you over and arrests you, he may ask you to submit to a blood test to see if there is marijuana in your system. The blood test must be taken at the time of your arrest. If you refuse to take a blood test, you could have your driver’s license suspended for 1-3 years, depending on how many times you have been convicted of a DUI in the past 10 years. (California Vehicle Code 13353)
Marijuana impairment varies from person to person based on many factors. The experienced DUI attorneys at Wallin & Klarich have had success in attacking the lack of evidence proving your impairment at the time of driving.
Orange County DUI Defense Attorney
If you or a loved one has been charged with a DUI in Orange County, you need an experienced Orange County DUI defense attorney to represent you. The DUI defense attorneys at Wallin & Klarich have over 30 years of experience defending DUI cases. We have the knowledge and experience to assist you in your DUI case. We have offices in Ventura, Los Angeles, Riverside, San Bernardino, and Orange Counties. Call us now at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.