How to Fight a Marijuana DUI in California

With California decriminalizing many of its marijuana laws, police across the state have been issuing stern warnings about the dangers and penalties associated with driving under the influence of marijuana. Although it is illegal to drive while you are high, police officers still need a valid cause to pull you over and make an arrest if they suspect you are under the influence of marijuana.

Illegal Search and Seizure

One common defense to marijuana DUI charges is to argue that the evidence against you was illegally obtained. If you can prove in court that police performed an illegal search after pulling you over for a suspected DUI, then the evidence they uncovered cannot be used against you. To effectively defend your rights with this strategy, you must prove the following:

  • The officer did not have probable or reasonable cause to initiate a traffic stop
  • The officer did not have a justified probable cause to make the arrest
  • The terms of the search warrant were not properly executed.
  • There was not sufficient probable cause to issue the search warrant

The Driver Wasn’t Under the Influence of Marijuana

Although there are chemical tests that can be used to determine the number of marijuana metabolites in your system, a “positive” result can sometimes be inaccurate. Common reasons for testing inaccuracies include:

  • The chemical test procedure was flawed
  • The chemical testing equipment was defective
  • Certain medications can impact the accuracy of test results

Additionally, chemical tests can’t show how long ago a person consumed marijuana. While infrequent marijuana users can test positive for THC for up to 12 hours after consumption, frequent cannabis users can test positive for THC even if they haven’t consumed marijuana for several days. Chronic marijuana users might test positive for THC a month or more after using marijuana.

Why You Need an Experienced Marijuana DUI Attorney

If you have been arrested for a marijuana DUI offense, then you face serious consequences that will impact the rest of your life, as well as future employment opportunities. That is why it is important to consult with a seasoned lawyer as soon as possible to discuss your situation and options under the law. At Lessem, Newstat & Tooson, LLP, we know firsthand that the stigma of a marijuana conviction on your record can be difficult to overcome, but with our extensive resources and qualified legal counsel on your side, you can feel confident knowing we will aggressively pursue the justice you deserve.

To schedule a free case consultation today, please give us a call today at (800) 462-7160 to speak to one of our legal professionals.