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What Can Happen to Me if I’m Arrested for Marijuana DUI with Minors in the Vehicle in California?
Marijuana has become a common recreational substance in California. Prior to COVID-19, an average of 20% of Californians were regular marijuana users. This is a number believed to have gone up since. Most marijuana users enjoy the substance responsibly. However, marijuana can have intoxicating effects similar to alcohol. In California, marijuana consumption is responsible for more fatal car crashes than alcohol. This makes it a crime to consume any marijuana product and then operate a motor vehicle. In California, driving while high is treated the same as drunk driving. Both are charged as DUIs.
Many individuals consume marijuana around their children. They may not view it with any kind of stigma or see it the same as consuming alcohol in front of minors. If someone consumes marijuana in California and then operates a motor vehicle with children in the car, the DUI penalties are enhanced.
What is DUI in California?
DUI stands for driving under the influence. A person commits DUI if they operate a motor vehicle while under the influence of any substance that impairs their abilities. Many people assume DUIs can only occur if the driver has been consuming alcohol. This is false. Any substance that interferes with a person’s ability to drive safely can lead to a DUI. Drivers can be charged with DUI if they have been consuming alcohol, marijuana, any other recreational drug, or even over-the-counter or prescription medication.
Prior to 2025, a person committed DUI after drinking if their blood alcohol content was .08% or higher. Beginning in 2025, that number will drop to .05%.
In the case of other substances, it is up to the discretion of the arresting officer. Some people may believe they cannot be charged with DUI if they have been taking over-the-counter or prescription medication that impaired their abilities. This is false. Regardless of the substance, if it impacts someone’s ability to drive safely, it can lead to a DUI.
Because there is no readily available field test to measure the level of someone’s marijuana intoxication, police officers will use their own judgment when pulling someone over for suspected DUI. This means a person’s level of intoxication may be subjective. This means it may be easier to get arrested on DUI charges based on the officer who pulled you over. If there are children in the vehicle and an officer suspects DUI, there are certain mandatory penalties they face.
What are the Penalties for DUI with a Minor in the Vehicle in California?
The State of California takes impaired driving seriously. Due to the rise of marijuana use and associated vehicle wrecks, law enforcement takes marijuana DUI especially seriously. Even for a first-time offense, people convicted of DUI face minimum sentences of:
- Six Months in Jail
- A Fine of up to $1500
- Three to Five Years of Probation
- A Six-Month License Suspension
- Mandatory Driving School Classes
These are only minimum penalties. Depending on the circumstances of the case, drivers may face harsher sentences, even if it is a first-time offense. This is especially true if there was an accident or if people were injured as a result of the driver’s intoxication.
The State of California considers it especially dangerous to drive under the influence with children in the car. Regardless of the intoxicating substance, if someone was arrested for DUI and there were minors in the vehicle, there are additional mandatory sentences a judge must hand down. These are called enhanced penalties. An enhanced penalty is a more severe punishment for a crime due to special circumstances. Mandatory penalties for a DUI with minors in the car depend on how many times the driver has been previously convicted.
Under California law, a minor is defined as any person under the age of fourteen. The enhanced penalties for DUI with minors in the car are:
- First Offense: Two Days in Jail
- Second Offense: Ten Days in Jail
- Third Offense: One Month in Jail
- Fourth or Higher Offense: Three Months in Jail
These penalties are in addition to whatever sentence the judge may hand down for DUI. For example, if someone is convicted of a first-time DUI offense and has minors in the vehicle, that person could face six months plus two days in jail. Remember, these penalties are mandatory. Even if a judge feels sympathetic to someone and decides to give them a more lenient sentence on DUI charges, they must impose the set penalties for DUI with a minor in the vehicle. This means anyone convicted of DUI with a minor in the vehicle faces a minimum of two days in jail and potentially three months. This could potentially ruin a person’s finances and professional career. It could also harm long-term job prospects and personal relationships. This is why if you or a loved one have been arrested for DUI and there was a minor in the vehicle, you must immediately contact an experienced attorney.
What Should I Do if I’m Arrested for DUI with a Minor in the Vehicle in California?
Being arrested for a DUI is frightening. This is especially true if there were minors in the vehicle with you. No one who uses marijuana intends to endanger others or children. No one wants to potentially go to jail on mandatory time, either. If you or a loved one have been arrested for marijuana DUI with minors in the vehicle, contact us. The attorneys of Patrick Silva believe everyone deserves fair representation in a court of law. We know most marijuana consumers are responsible citizens who would never knowingly place other people at risk. We also know police can be overly cautious when it comes to potential DUI situations. We will review every fact of your case and help fight the charges in court.
No one should be punished unnecessarily. This is especially true when the charges involve children. If you or a loved one have been arrested for marijuana DUI with minors in the vehicle, don’t hesitate to call Patrick Silva, Attorneys at Law, at 909-500-4819. Don’t let a mandatory sentence impact your life.
