San Jose Marijuana DUI Lawyer
If you’ve been arrested in San Jose, CA for driving under the influence of marijuana, you don’t have to face it alone. It is essential to find an experienced criminal defense attorney who is familiar with California’s marijuana DUI laws.
The legal team at Ahmed & Sukaram Attorneys at Law can help. Our San Jose criminal defense lawyers have 30 years of combined legal experience to put behind your DUI case. We’ll use our considerable skills and resources to defend you and protect your rights. Years of experience from our team handling drug crimes in San Jose, shoplifting, federal crimes, felonies in San Jose, DMV hearings, and more.
Contact our San Jose marijuana DUI lawyers at (408) 217-8818 for a free consultation to discuss your case and determine the best path forward.
How Our San Jose DUI Attorneys Can Help If You’re Arrested for Driving Under the Influence of Marijuana
After an arrest for a marijuana DUI in San Jose, California, it’s important to speak with a lawyer as soon as possible. Ahmed & Sukaram, Attorneys at Law is here to help.
Here’s what our San Jose criminal defense attorneys will do to help with your DUI case:
- We will speak with you in detail about your case and explain the charges and possible consequences.
- We will review all evidence, including police reports, lab results, and witness statements taken at the scene of the incident/traffic stop, if applicable.
- We will build an argument in support of your innocence based on relevant law and precedent.
- If necessary, we will negotiate with prosecutors for possible reductions in charges or penalties that may be imposed depending upon the circumstances surrounding the offense.
- We will represent you at all court proceedings related to the DUI charge, including arraignment, bail hearing(s), pre-trial motions if applicable, and sentencing hearing should a conviction occur.
For legal assistance, contact Ahmed & Sukaram, Attorneys at Law to schedule a free consultation with a San Jose DUI lawyer.
Overview of Marijuana DUI Laws in California
In California, driving under the influence of marijuana is strictly prohibited. However, prosecutors must prove that you were actually impaired at the time of operation when pursuing a marijuana DUI charge. Unlike an alcohol DUI, where there is a legal threshold that makes you automatically guilty of a DUI, no such threshold for a per se marijuana DUI exists in California.
This means the prosecutor must provide other evidence that you were actually impaired by marijuana while you were driving.
No Per Se DUI for Marijuana in California
Unlike alcohol intoxication, there is no clear-cut threshold for marijuana intoxication in California. This is primarily because chemical testing for marijuana intoxication is unreliable and cannot indicate when the drug was used or if someone is currently under its influence.
How Do Prosecutors Prove Marijuana Use?
Because there is a lack of a clear measurement for marijuana intoxication, prosecutors frequently depend on a range of criteria to determine whether a defendant was driving while intoxicated.
These include:
- Physical appearance: Bloodshot eyes, tremors, or the odor of marijuana on the driver’s breath or clothing can all be indicative of recent marijuana use.
- Slurred speech, dilated pupils, and confusion: These could be potential signs that the driver is under the influence of marijuana.
- Refusal to submit to chemical testing: While chemical tests may not be definitive, refusal to take them can be viewed as an indication of guilt.
- Conversations with the police: Admitting to recent marijuana use in conversations with officers can be used as evidence.
- Erratic driving: Swerving, weaving, or other driving patterns that suggest impairment can be used as evidence.
- Failure at field sobriety tests: Poor performance on these tests can indicate intoxication levels.
- Presence of marijuana/paraphernalia in the car: If marijuana or paraphernalia is found in the vehicle, it can be used as evidence of drug use.
Our San Jose DUI lawyers will evaluate the evidence against you when building a defense for your case.
What Are the Penalties For a Marijuana DUI Conviction in San Jose, California?
In the state of California, a marijuana DUI can result in the following consequences:
First Offense
- 96 hours to 6 months in jail
- 6 months license suspension
- $1,000 in fines
- DUI school
Second Offense (within 10 years of initial conviction)
- 90 days to 1 year in jail
- 2 years license suspension
- $1,000 in fines
- DUI school
Third and Subsequent Offenses
- 120 days to 1 year in jail
- 3 years license suspension
- $1,000 in fines
- DUI school
A marijuana DUI conviction can have many other adverse effects on your future, such as making it harder to secure employment or housing. It can also affect your eligibility for federal student loans.
What Potential Defenses Can Be Raised If I’m Accused of a Marijuana DUI in San Jose?
If you’re facing a marijuana DUI charge, consider these possible legal defenses:
Not Under the Influence
One common defense is arguing that the defendant was not under the influence of marijuana while driving.
This can involve presenting evidence, such as:
- The time elapsed between using marijuana and driving
- The absence of marijuana-related impairment signs
- Witness testimony about the defendant’s conduct or demeanor
Your Ability to Drive Wasn’t Impaired
Another defense is to prove that your ability to drive was not impaired by marijuana use.
This can involve presenting evidence that validates your driving skills, such as:
- Dashcam footage showing safe driving during the incident
- Testimony from passengers, if applicable
Motion to Suppress
Another defense that can be used in a marijuana DUI case is filing a motion to suppress. This motion is essentially an argument that the evidence collected by the police is inadmissible because it was obtained illegally.
Successfully arguing a motion to suppress can result in key evidence being deemed inadmissible, potentially weakening or completely derailing the prosecution’s case.
Incorrect Results of Chemical Tests
Errors can occur during the processing, handling, or analyzing of blood or urine samples. If you can demonstrate that your test results are inaccurate or contaminated, it weakens the prosecution’s case.
Some possible points to challenge include:
- The chain of custody for the sample
- The lab’s accreditation and testing procedures
- Potential contamination or mix-ups with other samples
Other defenses may apply to your California DUI case, depending on the circumstances of the charges and your arrest.
It’s critical to understand the laws and repercussions of driving under the influence of marijuana, especially with the constantly changing marijuana regulations in the United States. If you need help after a marijuana DUI charge in San Jose, California, contact Ahmed & Sukaram, Attorneys at Law today to schedule a free consultation.