Penalties for driving under the influence of marijuana

Driving under the influence of marijuana in California carries severe penalties that vary depending on whether the offense was filed as a misdemeanor or as a felony, on how many times the accused has been convicted of this or similar offenses and on whether there were circumstances that aggravated the offense. The penalties for driving under the influence of drugs (DUID) are similar to those imposed in an alcohol-related DUI case and may include probation, drug education classes, heavy fines, license suspensions and jail or prison time. One’s best chance to avoid these devastating penalties is to hire a skilled California DUID criminal defense lawyer who knows the defenses that will convince the prosecutor, judge and/or jury that his or her client is innocent of the charges.

Driving under the influence of marijuana in California, when charged as a first offense, typically carries a three year informal (unsupervised) probationary sentence that includes heavy fines (totaling up to $3,500 once all the assessments are added up), completing a three month drug education program and a 90 day driver’s license restriction that only allows the individual to drive to and from work and the drug education program. Although jail time is usually not imposed in connection with a first offense (unless there were aggravating circumstances), it is possible to spend up to six months in jail if convicted of this charge.

When the accused has suffered either a prior DUI conviction or a “wet-reckless” conviction within 10 years of the charged offense, the penalties increase. A second conviction may result in a three-to-five year informal probationary sentence that will typically include the same maximum fine, at least 96 hours (and up to one year) in the county jail, an 18 month drug education program and a driver’s license restriction for the duration of the program that only permits the individual to drive to and from work and the program.

A third or subsequent D.U.I. offense (or even a first offense if someone was injured) may be charged as a felony, subjecting the accused to sixteen months or two or three years in the state prison. It will typically be filed as a misdemeanor, with a five year informal probationary period (formal if a felony), the same maximum fine, four months to one year in the county jail and a three year driver’s license suspension. An individual convicted of a third or subsequent DUI will also be labeled a “habitual traffic offender” for three years, subjecting the accused to an additional 30days in jail and an additional $1,000 fine for a first-time designation or to an additional six months in jail and an additional $2,000 fine for a second or subsequent designation within a 7 year period.

Aggravating factors will enhance one’s sentence and include anything that made the driving under the influence of marijuana charge even more egregious. Examples include, but are not limited to, driving with a child under 14 years of age in the car, reckless driving or refusing to submit to a chemical test. Each of these enhancements carries its own additional penalties, but it should be noted that refusing to submit to a blood or urine test will result in a one, two or three year driver’s license suspension, depending on whether the charge was the driver’s first, second or third within the statutory 10 year period.

Penalties may also include a series of Narcotics Anonymous (NA) meetings or any other program that the judge deems appropriate, based on the facts of the case. These programs may be ordered in addition to the mandatory drug education program.

The outstanding criminal attorneys at The Kavinoky Law Firm are dedicated to helping their clients through this difficult time and know a variety of alternative sentencing options that may be available to and preferred by their clients. For the most trusted legal advice and the most vigorous defense, contact them today for a free consultation.