Can I Be Charged with Marijuana DUI if I Have a Prescription?

Although recreational marijuana is legal in California for residents over the age of 21, there are still restrictions involving the use of it while driving, even if you have a prescription. According to California law, in order to be convicted of a DUI for marijuana, you must be impaired to the extent that you lack the ability to drive with the caution characteristic of a sober person under the same circumstances.

How You Can Get Charged

If you are pulled over, a cop who suspects you are under the influence of marijuana can call in a Drug Recognition Evaluator (DRE) to look for signs that you are impaired. Signs they look for include dilated pupils, elevated pulse rate, elevated blood pressure, the smell of marijuana, dry mouth, and short-term memory impairment. Unlike alcohol, there are no set standards or immediate tests that law enforcement can use for marijuana impairment.

Marijuana DUI Punishments

If you are convicted of a marijuana DUI, there are a range of punishments you may incur. A first-time DUI conviction can result in 3 to 5 years of probation, up to 6 months in jail, fees and fines up to $1,000, a 9-week DUI school program and a 6-month suspension of your driver’s license. A second offense carries harsher penalties.

Talk to a Temecula Criminal Defense Attorney Today

Consequences of driving while under the influence of marijuana can have a lasting effect on your life. If you were recently arrested, you need the legal assistance of our experienced Temecula DUI lawyers at Hanson, Gorian, Bradford & Hanich. Our firm is committed to pursuing your best interests no matter what legal issue you are facing. We have the experience, resources and proven track record to litigate your case and protect your rights.

Call (951) 506-6654 or contact us online for a free consultation about your case.


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