Marijuana is still considered an illegal drug in the state of California. Although it is possible to now obtain and consume marijuana legally, it is not legal to drive under the influence.
Driving Under the Influence of Marijuana
Driving under the influence (D.U.I.) is a common and very public 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.
Generally speaking, this is one of the reasons why it is so important to work with an attorney. An individual under arrest for driving under the influence of marijuana to needs to call a skilled California criminal defense lawyer. Specifically, a lawyer who specializes in driving under the influence of drug (D.U.I.D.) cases.
California prohibits driving while under the influence of any drugs or alcohol. An individual is “under the influence” of a drug when his or her body responds to a substance. To be more clear, it is when the nervous system, brain, or muscles respond unnaturally to a substance. The individual should not drive when the impact is to the point where the individual cannot drive naturally.
With all this in mind, when one cannot drive like a prudent and cautious person, in full possession of his or her faculties, using reasonable care, then he/she is reckless. To put it more plainly, the individual is at risk or receiving a DUI or a DUID.
An Arrest While Driving
Now, there is no immediate test available to confirm an officer’s suspicion that the driver is under the influence of drugs. The officer’s subjective opinion is the primary evidence for the case. Both the District Attorney or the City Attorney rely on this opinion when prosecuting this type of case.
When the police arrest an individual on a DUID charge in California, the investigation is like a DUI case. It proceeds in same way that an alcohol-related DUI would, except that the driver has a choice of different tests. The driver with a DUID charge choose either a blood or urine test.
Unlike other states, the mere presence of marijuana in one’s system isn’t enough to sustain a conviction. This means that even if a test reveals that the accused had marijuana in his or her body, the defendant isn’t without defense. A good criminal attorney knows how to convince a jury that its effects had expired prior to driving.
Evidence and Prosecution
In order to determine whether the driver was under the influence of marijuana, the prosecution will look at four types of evidence including:
- The defendant’s driving pattern,
- Physical signs and symptoms of impairment,
- Performance on the field sobriety tests (FSTs), and
- 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.
Seek Counsel Right Away
The outstanding attorneys at The Kavinoky Law Firm maintain an excellent reputation. In fact, they historically defend their clients quite successfully. They excel especially with those facing accusations of driving while under the influence of marijuana. Since they focus on marijuana-related offenses, they have relationships with many of the local prosecutors. This provides their clients with a tremendous advantage.
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 criminal defense attorneys at The Kavinoky Law Firm today.
The Kavinoky Law Firm
About Darren Kavinoky and The Kavinoky Law Firm.
Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California.
Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.
