California Marijuana Laws - Driving under the influence of marijuana

Driving under the influence (D.U.I.) is a commonly prosecuted, very publicized crime in California. Due to its exposure, most people think of a DUI as being alcohol specific (“drunk driving”), when, in fact, driving under the influence of any substance (legal or not) can lead to an arrest and conviction. This is one of the reasons why it is so important for an individual who has been arrested for driving under the influence of marijuana to contact a skilled California criminal defense lawyer who specializes in driving under the influence of drug (D.U.I.D.) cases.

California’s prohibits driving while under the influence. An individual will be declared “under the influence” of a drug when his or her nervous system, brain or muscles have been affected by a substance (other than alcohol) to the point where the individual is impaired, to an appreciable degree, and no longer has the ability to drive a car in the manner than an ordinarily prudent and cautious person, in full possession of his or her faculties, using reasonable care, would under similar circumstances. Because there is no immediate test available to confirm an officer’s suspicion that the driver is under the influence in a drug case (like the hand-held preliminary alcohol screening device that is used in a DUI investigation that involves alcohol), the officer’s subjective opinion is the primary evidence that the District Attorney or the City Attorney relies on when prosecuting this type of case.

When an individual is arrested on a DUID charge in California, the investigation will proceed in much the same way that an alcohol-related DUI would, except that the driver has a choice of different tests – blood or urine. Unlike other states, the mere presence of marijuana in one’s system isn’t enough to sustain a conviction, as the driver must have been under its influence. This means that even if a test reveals that the accused had marijuana in his or her body, a good criminal attorney who excels in this area of practice knows how to convince a jury that its effects had expired prior to driving.

In order to determine whether the driver was under the influence of marijuana, the prosecution will look at four types of evidence – the defendant’s driving pattern, his or her physical signs and symptoms of impairment, his or her performance on the field sobriety tests (FSTs) and the chemical test results. It is also common for both sides to hire their own criminalist to testify about the effects that marijuana has on one’s ability to drive a car. An experienced DUID lawyer knows the most effective ways to challenge this type of evidence, and will call into question the officer’s experience and bias as well as the results of the blood or urine test.

Being arrested for driving under the influence of marijuana can be a frightening and overwhelming experience, which is why having a knowledgeable attorney by one’s side can make all the difference. A seasoned lawyer will help guide his or her client through all proceedings with skill, compassion and ease.

The outstanding attorneys at The Kavinoky Law Firm maintain an excellent reputation for successfully defending their clients who have been accused of driving while under the influence of marijuana. They have mastered the defenses that are applicable to this offense and know how to help their clients avoid the harsh penalties that are imposed in connection with this charge. Because they focus on marijuana-related offenses, they have established relationships with many of the local prosecutors who also routinely handle these types of cases, which provides their clients with a tremendous advantage when it comes time to negotiate a deal, discuss the merits and weakness of a case or request any other special consideration. With law offices throughout California, including several in and around the Los Angeles area, they are conveniently located for anyone in need of an exceptional D.U.I.D. attorney. For the most trusted legal advice and unparalleled representation, contact The Kavinoky Law Firm today for a free consultation.

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