FAQs About Marijuana DUI Charges
March 30, 2025 | Nafiz M. Ahmed
Recreational use of cannabis products became legal (under state law) for adults in California in 2018. As long as users of cannabis products follow the rules, they will no longer face criminal penalties for possessing or being under the influence of marijuana.
In California (and all other states that allow recreational use of marijuana), driving while under the effects of cannabis products is prohibited. Persons proven to have been high while driving will face the same criminal penalties as drivers who have consumed too much alcohol before getting behind the wheel.
Following are answers to questions frequently asked by drivers facing marijuana DUI charges.
What Driving Behaviors Can Raise Suspicion of Marijuana DUI?
When drivers are pulled over by law enforcement, it is usually because they are driving improperly or there is a safety issue. Until the officer interacts with the driver, it is unlikely that they will be suspicious of marijuana DUI.
Tests used by officers to confirm alcohol impairment – like the breathalyzer or field sobriety tests – are not reliable enough to confirm marijuana impairment. Officers typically confirm suspected marijuana DUI by observing drug paraphernalia inside the driver’s vehicle, noticing the redness of the driver’s eyes, and detecting the smell of marijuana.
In some instances, law enforcement may enlist the services of a drug recognition expert who is specially trained to recognize drug impairment and will conduct a 12-step evaluation of a driver’s current condition. This information can be used as evidence of marijuana impairment.
Is There a Legal Limit for Marijuana in California?
Some states that allow recreational use of marijuana have set a limit on the amount of THC (the primary psychoactive compound in marijuana) that can legally be in the blood of a driver. For drivers in those states, having a THC concentration higher than the legal limit is automatically a violation of the law.
California does not currently have a legal limit for acceptable levels of THC. The law says it is illegal for anyone who is under the influence of a drug to drive. In addition to showing the presence of THC in the bloodstream, the prosecution must also show a driver was under the influence of the drug while driving.
Can I Lose my Driver’s License for a Marijuana DUI?
At the time of a marijuana DUI arrest, the officer must confiscate a driver’s license and issue a suspension order and temporary license. The temporary license is good for 30 days.
A driver then has 10 days to appeal the suspension to the Department of Motor Vehicles (DMV). A successful appeal results in license reinstatement. Failing to appeal or losing the appeal can result in a 4-month suspension.
A driver suspected of DUI will be asked to submit to chemical testing to confirm the presence of THC. Permission to do this testing is a condition of being granted a driver’s license and refusing to comply can result in a fine, imprisonment, and a one-year driver’s license suspension.
If convicted of DUI, the first offense is punishable by up to six months in jail, a maximum fine of $1,000, and a 6-month driver’s license suspension.
There are ways to obtain limited driving privileges during a license suspension for qualifying drivers.
Are There Any Defenses to Marijuana DUI Charges?
Yes, many of the same defenses that can be used to defend alcohol DUI charges can also be used against marijuana DUI charges. There are also some defenses unique to defending marijuana DUI charges based on how marijuana is metabolized in the body.
Because THC can remain in the body for days or even weeks after use, the detection of THC alone does not prove that a driver was high at the time of driving. Furthermore, even if there is evidence of recent marijuana consumption, it has to be proven the consumption was influencing the driver’s behavior at the time of arrest.
A criminal defense lawyer can help you identify the best defense and fight to get your charges reduced or dropped.
Contact our DUI Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500