Orange County Criminal Lawyers
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 drive while under the influence of marijuana. This is because according to California Vehicle Code 23152(e), 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. The short-term effects that marijuana has include impaired judgement, reaction time, coordination problems, in and even hallucinations in high doses. Obviously, these effects make driving extremely difficult to execute safely. On another note, the long-term effects of marijuana include impaired thinking ability, higher risk of mental illness, and negative effects on pregnant women. However, medical marijuana can be of help to people medically. For example, people that are ill or suffer from painful symptoms associated with diseases such as epilepsy and cancer often use medical marijuana as a form of pain relief or treatment. Laws regarding medical marijuana possession vary from state to state. In California, patients with a doctor’s recommendation can possess larger quantities than recreational users. They can grow their own, or purchase from licensed dispensaries with limits on the amount. Despite this, marijuana consumption can have a dangerous effect on you while operating a motor vehicle.Punishment and Penalties for DUI Marijuana
If you are found to be driving under the influence of marijuana, you will be charged with a DUI drugs offense under VEH 23152(e) and the punishment and penalties that you will face will therefore be:
- A fine of up to USD 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
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. For example, perhaps you might have ingested marijuana, but in a low dosage, or maybe even a moderate dosage, but over a long period of time. Therefore, its effects on you might not have been significant enough to seriously affect the way you drive.
- You were not the one driving the vehicle and so on
There are definitely several other approaches that an expert DUI attorney will explore on your behalf depending on the specific circumstances of the case. If you have been charged with a DUI Marijuana in Brea, contact our office as soon as possible to get your legal defense started.