DUI Marijuana in Brea

In as much as Proposition 64 made it legal to consume marijuana recreationally in California and by extension in the city of Brea, it is still illegal to operate a motor vehicle while under the influence of marijuana. This is because according to California Vehicle Code 23152(f), it is an offense to drive while under the influence of any drugs.

By California law, drugs are defined as any substance apart from alcohol that can affect the nervous system, muscles or brain. This includes marijuana.

Punishment and Penalties for DUI Marijuana

If you are found to be driving under the influence of marijuana, you will be charged with a drug DUI offense under VC 23152(f) and the punishment and penalties that you will face will therefore be:

  • A fine of up to $5,000 and restitution if the DUI resulted in an injury
  • 3-years to 5-years of DUI probation
  • Suspension or revocation of your driver's license for as long as 5 years
  • Attending California DUI school for as much as 30-months and
  • As much as 16-years in state prison for a felony charge
Defense for DUI Marijuana

If you are arrested for DUI marijuana, it is important that you immediately call and retain the services of a DUI attorney with experience in defending DUI drugs charges and specifically DUI marijuana charges.

Some of the approaches that the attorney will explore in your defense will include:

  • You were not under the influence of marijuana
  • The marijuana had not impaired your driving at the time of the arrest
  • You were not the one driving the vehicle

There are definitely several other approaches that an expert DUI attorney will explore on your behalf depending on the specific circumstances of the case.

Call our office today if you are being accused of driving under the influence of marijuana.

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