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Can You Get a Marijuana DUI in California?


Since recreational use of marijuana is legal in California, many people forget that it’s still illegal to be under the influence of marijuana in certain situations. One of those situations is when you are operating a motor vehicle. Just like it’s legal to drink alcohol, but illegal to drink and drive, recreational marijuana use is legal, but it is illegal to drive while under the influence of marijuana.

Is a Marijuana DUI Treated the Same as an Alcohol DUI?

If a person is convicted of driving under the influence (DUI) of marijuana in California, they will face basically the same penalties they would if they were convicted of an alcohol-related DUI. However, unlike alcohol based DUIs, there is technically no set legal limit for what constitutes a marijuana DUI offense. There is also less known about how marijuana impacts a person's driving ability compared to how alcohol does. Both the controversy surrounding marijuana’s impact on a person’s driving ability and the fact that there is no agreed upon legal limit for a marijuana DUI can help an experienced marijuana DUI attorney successfully defend their client in court.

What Are the Penalties for a Marijuana DUI Conviction?

As stated earlier, the punishments for a marijuana DUI are virtually the same as an alcohol DUI, which means that they are harsh. The penalties for a marijuana DUI in California include the following:

  • First DUI – Penalties for a first-time DUI can include up to $1,000 in fines, up to six months in jail, license suspension for up to six months, and participation in a DUI program for up to nine months.
  • Second DUI – Penalties for a second DUI include up to a year in jail, up to $1,000 in fines, participation in a DUI program for up to nine months, and a six-month license suspension.

These penalties can increase depending on circumstances surrounding the DUI, such as DUI causing injury, under 21 DUI, DUI & child endangerment, and DUI causing death.

Need Help with a Marijuana DUI? Contact Our Experienced DUI Attorneys Today

Our dynamic legal team at Appel & Morse has over 40 years of combined experience. Our law firm is dedicated to criminal defense, and our attorneys are former prosecutors, which gives them an edge, since they understand tactics the prosecution likes to use. From the moment we take a client’s case, we focus exclusively on protecting our client and securing the most favorable outcome possible for their case.

For more information about Appel & Morse, read our clients’ testimonials.

To speak with our experienced marijuana DUI lawyers about your situation, give us a call at (805) 467-6060 or contact us online to schedule a free consultation. We offer flexible appointment times, including weekends and evenings. We also offer flat fees and payment plans.

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