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San Bernardino County Marijuana DUI Lawyers

Defending Your Rights After Accusations of Driving Under the Influence of Marijuana

Recreational marijuana use became legal in California in 2016, but driving under the influence of marijuana remains unsafe and, therefore, illegal. If you were charged with this crime, you face penalties that could include jail time and driver’s license suspension. But just because you were arrested doesn’t mean you’re guilty. You deserve the opportunity to defend yourself from marijuana DUI charges, and a skilled criminal defense attorney can assist with this.

A marijuana DUI defense attorney can help you understand your charges and navigate the complex California legal system. They’ll hold any law enforcement officer accountable for violating your legal rights. A marijuana DUI lawyer can ensure you have the legal counsel you need to avoid a conviction and the negative consequences of a criminal record, such as difficulty finding employment and housing.

When you contact Patrick Silva, Attorneys at Law, for a free consultation, you will meet a team that truly cares about getting you the best possible outcome on your marijuana DUI case. We have won numerous DUI cases for clients across San Bernardino County because we’re well acquainted with the California vehicle code and drivers’ rights in this state. Call our law firm at 909-500-4819 for a free consultation to discuss your criminal defense options after being charged with a marijuana DUI offense.

What Are California’s Laws Regarding Marijuana Use?

Like many states, California has legalized marijuana for limited use. For example, adults over the age of 21 may use marijuana for recreational use. Individuals under 21 may also be permitted to use marijuana for medical purposes only when approved by a physician. While it may be legal to use marijuana in California, it is not permissible to drive while under the influence of marijuana or any other mind-altering drug.

Driving with an open container of marijuana in your vehicle may make you subject to legal action. If a police officer pulls you over and suspects that you are impaired, they may perform a variety of tests to determine whether you are under the influence of marijuana. For example, Field Sobriety Tests assess your ability to make quick judgments and changes as you walk and turn around. You may also be subject to a chemical test, such as a blood test, to determine the levels of drugs in your system.

While DUI laws prohibit driving under the influence of marijuana, you still have certain rights that must be respected. Marijuana DUI lawyers like those at Patrick Silva, Attorneys at Law can help protect your rights and get you the best results possible in your DUI defense. Contact our law firm right away to schedule a complimentary case review with our talented legal team.

How Does a Marijuana DUI Differ from an Alcohol DUI?

Marijuana DUIs are not discussed as often as alcohol DUIs, so if you’re unsure what this charge means, you’re not alone. The first detail to know is that in California, the penalties for a marijuana DUI are the same as those for an alcohol DUI. Both are typically misdemeanors, so you should hire an experienced lawyer to defend you from penalties that include jail time for driving under the influence of marijuana.

One detail that sets marijuana DUIs apart from alcohol DUIs is that there is no legal limit. This means that even if you smoked a small amount of marijuana before getting in the driver’s seat, you could be charged with a marijuana DUI if law enforcement officers believe that your driving was impaired by the drug.

Another difference is that, unlike alcohol, there’s no fast way to test for marijuana in your system when you’re pulled over. A breath test can detect alcohol in your system, but not marijuana or other drugs. This means you’ll need to be transported elsewhere for a chemical test, such as a blood or urine test. If this occurs, it’s helpful to know that chemical tests are not always accurate at detecting the amount of marijuana in the body while driving, especially for chronic users. Field sobriety tests aren’t always accurate, either. This is why you should hire a marijuana DUI attorney to defend you if you test positive for marijuana use when driving a motor vehicle.

What’s the Punishment for a Marijuana DUI Conviction in California?

If you’re convicted of a marijuana DUI, you will likely have a misdemeanor on your criminal record, assuming it’s your first offense and you didn’t injure anyone. If you’re worried about jail time, know that you may spend some time behind bars, ranging from 96 hours to 6 months in county jail.

You will also be charged fines of up to $1,000 after a marijuana DUI conviction. In addition, you should expect license suspension for six to ten months, though you may be able to apply for a restricted license so you can still drive to work or school.

Your San Bernardino County marijuana DUI lawyer will tell you which penalties you’re facing, as your punishment will depend on your criminal record and any aggravating factors in your case. For instance, if you’re charged with driving under the influence of marijuana with a child in the car or causing an accident, your penalties could include additional fines and jail time. Contact our law firm to talk to an experienced marijuana DUI attorney about what to expect.

Can You Lose Your Driver’s License for a Marijuana DUI?

While spending time in county jail is a common concern of drivers charged with driving under the influence of marijuana, license suspension is another important issue. You likely need to be able to drive to get to work or run errands, especially near Los Angeles County, where having a car is practically a necessity. So, if you’re worried about losing your license, you should hire a defense attorney for a chance to get the charges dismissed or the penalties reduced.

For a first offense of marijuana DUI, your license could be suspended for up to ten months. However, the suspension period could be longer depending on your age and the number of alcohol or marijuana DUIs on your record. For example, if you’re under 21 and convicted of a marijuana DUI offense, you could lose your license for one year. The same goes if you’re over 21 and get a second marijuana DUI charge.

Additionally, if you refused a blood test, your license could be suspended for one year. Your marijuana DUI lawyer will tell you what kind of license suspension to expect for DUI marijuana charges near Los Angeles County, so contact our California law firm for a free consultation.

What Defense Strategies Are Effective for Defeating Marijuana DUI Charges?

Fighting the criminal prosecution for a marijuana DUI can be tricky. Many prosecutors are eager to put so-called criminals behind bars so they appear tough against drugs. The downside is that innocent people often suffer punishments they do not deserve. Even if you made the mistake of driving under the influence of marijuana, you may still not deserve the maximum punishment under the law.

Certain defense strategies can help avoid DUI convictions, including:

  • Illegal traffic stop – If the law enforcement officer did not have probable cause for stopping your vehicle, you may get your charges reduced or dismissed entirely
  • Lack of evidence – The prosecution bears the burden of proof, meaning a lack of evidence can indicate that you are not guilty
  • Acting under duress or threat of harm – If you acted because of force by someone who threatened to harm you, your charges could be reduced
  • Mistaken identity – If you can prove that you were not the person driving, you may be able to avoid a conviction

Please contact our team of lawyers to avoid conviction for your marijuana DUI in California. We will do everything possible to protect you from the maximum punishments that come with DUI. You can count on our attorneys to help you navigate the legal process and reach the most favorable solution possible.

Should You Hire Our San Bernardino County Marijuana DUI Attorneys?

If you were arrested for a marijuana DUI, it’s essential to get legal assistance from lawyers who know how to fight DUI charges. At Patrick Silva, Attorneys at Law, we offer criminal defense services to drivers who want a chance to avoid jail time and other harsh penalties after being accused of driving under the influence of marijuana. We can help you answer police officer’s questions and negotiate favorable terms to avoid going to trial. If your case goes to court, we’ll provide aggressive representation for a positive outcome.

You may feel worried about what the future holds when you or a loved one is facing a DUI for drug impairment. However, you can rest assured that you will get the best results possible when you hire our law firm. We offer excellent counsel and legal representation to protect your freedom and get your life back.

When you contact us to discuss your DUI marijuana case, you’ll get a free consultation with caring lawyers who will let you know how to avoid or reduce the penalties from marijuana DUI charges. We understand that you likely have questions about how marijuana DUI cases are handled, including how chemical tests, field sobriety tests, and drug paraphernalia factor in. We can answer all your questions about DUI marijuana cases, so call us at 909-500-4819 for a free consultation.