Can You Get a DUI in California for Smoking Legal Cannabis? The Truth Revealed

In the state of California, it is legal to use and possess cannabis for both medical and recreational purposes. However, just because something is legal doesn’t mean there aren’t consequences if you abuse it. One major concern when it comes to marijuana usage is driving under the influence (DUI). So, can you get a DUI in California for smoking legal cannabis? Let’s take a closer look at what the law says and how science has shed light on this issue.

The Science Behind Marijuana Impairment and Its Effects on Driving Ability

Marijuana affects each person differently, but generally speaking, it impairs cognitive functions such as memory, attention, and reaction time. These effects can last anywhere from two to six hours after consumption, making it dangerous to drive during that period. According to studies conducted by the National Highway Traffic Safety Administration (NHTSA), drivers who test positive for THC are more likely to be involved in accidents than those who don’t. In fact, one study found that drivers with high levels of THC in their system were nearly twice as likely to cause an accident compared to sober drivers.

How Much THC Can I Have in My System Before It’s Considered a DUI?

Under California law, it is illegal to drive with a blood alcohol content (BAC) of 0.08% or higher. When it comes to cannabis, however, things are less clear-cut. While there is no set limit for THC levels in the blood like there is for alcohol, police officers can still arrest you for driving under the influence of drugs if they believe your ability to operate a vehicle is impaired. This means that even if you have a small amount of THC in your system, you could still face DUI charges if you exhibit signs of impairment while driving.

Penalties for Getting a DUI While Under the Influence of Legal Cannabis

If you are convicted of a DUI involving cannabis, the penalties will depend on several factors, including whether this is your first offense, the level of THC in your system, and any other aggravating circumstances, such as causing an accident or injuring someone. Generally speaking, a first-time offender can expect to pay fines ranging from $390 to $1,000, spend up to six months in jail, and lose their license for up to ten months. Penalties increase for subsequent offenses and cases where harm was caused to others.

Defending Yourself Against a Cannabis-Related DUI Charge

If you find yourself facing DUI charges related to cannabis use, it’s important to remember that you have rights. A qualified criminal defense attorney can help you navigate the legal process and mount a strong defense against the charges. Some possible defenses include challenging the accuracy of the drug testing method used, proving that you were not actually impaired at the time of the incident, or arguing that the officer did not have probable cause to pull you over in the first place.

Conclusion: Protecting Your Rights When Using Legal Cannabis

While it may be tempting to think that since cannabis is now legal in California, there are no consequences for using it, that isn’t entirely true. If you choose to consume cannabis, make sure to do so responsibly and avoid driving until you know for certain that you are not impaired. And if you do find yourself facing DUI charges related to cannabis use, don’t hesitate to seek out professional legal assistance to protect your rights.