Redwood City Marijuana DUI Attorney
Are you facing a charge in Redwood City, CA, for driving under the influence of marijuana? If so, you need experienced and focused legal help. We understand exactly what is at stake when it comes to these life-altering charges. Our team of experienced attorneys can provide the legal defense you need in order to get a favorable outcome in your case.
To speak with a Redwood City marijuana DUI lawyer, contact Ahmed & Sukaram, Attorneys at Law, for a free consultation. Call us at (408) 217-8818.
How Ahmed & Sukaram, Attorneys at Law Can Help If You’re Arrested For a Marijuana DUI
Marijuana DUIs can bring a lot of consequences, so it’s important that you find the right lawyer to defend you. If you’ve been arrested in Redwood City for a marijuana DUI, here’s how we can help you:
- We will perform an in-depth investigation of all available evidence, including police reports, chemical testing, witness statements, and anything else that is relevant to your case.
- Throughout the process, we will keep you informed of any developments so that you know what to expect.
- We will determine if there are any viable pretrial motions, like a motion to suppress.
- We will negotiate with the prosecutor to see if we can reach a favorable outcome without going to trial.
If you’ve been charged with a marijuana DUI, contact Ahmed & Sukaram, Attorneys at Law, to speak with a Redwood City DUI lawyer.
Overview of Marijuana DUI in California
Driving under the influence of marijuana is a serious offense that can have lifelong consequences. If you are charged with a marijuana DUI, it’s important to understand the law and how it could affect your case
According to California law, a person is guilty of a marijuana DUI if they are driving while under the influence of marijuana or are addicted to drugs and driving.
The simple fact that marijuana was found in your system is not enough to convict you of driving under the influence of marijuana. Instead, prosecutors must be able to prove that you were actually impaired at the time of the incident.
This means that they must demonstrate that your mental or physical faculties were diminished due to the presence of marijuana in your system.
Chemical Testing Not Required for a Marijuana DUI Conviction
Prosecutors do not need to prove impairment through chemical testing. They can use other forms of evidence such as witness testimony, field sobriety tests (which measure coordination and balance), or video footage from dash cams or body cameras worn by police officers to build their case against you.
There is no exception in California law for lawful users of medical marijuana, so even if you have a valid prescription for medical marijuana, you can still be charged with DUI.
Prosecuted for Being an Addict
Additionally, the statute specifies that even if a person is not currently under the influence of drugs, they could still be convicted of a DUI due to their addiction alone. In these cases, the penalties for a conviction are just as severe as those for driving under the influence.
The law is based on the theory that addicts in withdrawal are in an altered state of consciousness, making them unfit to drive.
When it comes to determining if someone is an addict, courts have attempted to provide guidelines for prosecutors. To prove someone was driving while addicted, they must demonstrate that the person has an emotional dependence on the substance and a tolerance to its effects. They must also show a physical dependence resulting in withdrawal symptoms.
This would be somewhat difficult to prove, but some overzealous prosecutors who can’t prove DUI might attempt this.
What Are the Penalties for a Marijuana DUI in Redwood City, California?
If you’re caught driving drunk or under the influence of marijuana, you could face hefty fines and jail time. The following are the penalties you face for a marijuana DUI:
First-Offense DUI
If this is your first offense, you can expect to receive up to 6 months of jail time and pay a fine between $390-$1,000. You may also be required to attend 3 to 9 months of DUI school, and your license will be suspended for 6 – 10 months.
Second DUI
A second offense results in more severe penalties. For a second offense, you can expect 96 hours to 1 year of jail time and have to pay the same fines as before ($390-$1,000). You may also have to attend 18 to 30 months of DUI school and have your license suspended for 2 years.
Third DUI
The consequences become even more severe for third offenses—you could be facing 120 days to 1 year in jail, the same range of fines ($390-$1,000), 30 months of DUI school, 3 years revoked license, installation of an ignition interlock, and more.
Consequences for Fourth and Subsequent DUIs
For fourth (and subsequent) offenses, you could be facing 16 months up to 3 years in state prison, up to a $1,000 fine, 18 or 30 months DUI school, license revoked for 4 years, installation of an ignition interlock, and more.
If someone was injured in the DUI, these penalties can be enhanced even further.
What Defenses Can Be Raised If I’m Accused of a Marijuana DUI?
If you are charged with driving under the influence of marijuana, there are a few possible defenses that can help your case.
Not Driving
One common defense is that you were not actually driving the vehicle at the time of your intoxication. This defense can be used in instances where the police didn’t actually see you drive. For example, they arrived at the scene after an accident when no one was in the vehicle.
Additionally, if your vehicle was parked when it was observed by law enforcement, this defense might be applicable.
No Marijuana in Your System
A second potential defense for a marijuana-related DUI charge is that there was no marijuana present in your system at the time of driving. If you submitted to chemical testing – like a blood draw or urine test – that came back without any marijuana in your system, you can make this argument.
Additionally, if you didn’t submit to chemical testing, your lawyer can still make this argument, as there’s no chemical proof to refute this.
Not Impaired by Marijuana in System
Your lawyer can also argue that you were not impaired at the time you were driving. In order for this defense to hold up in court, it will need to be proven that any amount of THC present did not affect your ability to safely operate a motor vehicle at the time of the offense.
This can be supported by expert testimony or other evidence such as dash camera footage or other video evidence showing that you were not impaired.
If you’ve been arrested in Redwood City, California, and charged with a marijuana DUI, it’s important to hire a criminal defense lawyer right away. We can help. Contact Ahmed & Sukaram, Attorneys at Law, to schedule a free consultation with a trusted Redwood City marijuana DUI attorney.