Los Angeles Marijuana DUI Attorney

Even though perspectives toward marijuana have shifted significantly across the country during the past few years, driving a car under its influence is still unsafe. At Hurwitz Law Group, our Los Angeles marijuana DUI defense lawyer can represent you and protect your rights and interests.

You cannot take the consequences of a marijuana DUI conviction lightly, so you must hire a skilled and experienced marijuana DUI lawyer to protect you.

Learn more about our services below, and call us to schedule a consultation with our Los Angeles DUI attorney to discuss marijuana DUI cases.

Get Reliable Legal Assistance From Our Experienced Los Angeles Marijuana DUI Lawyer

Get reliable legal assistance

At times, those charged with DUI may push for their innocence and that the facts and the police report are inaccurate. Regardless of your account of the facts of the case, what truly matters is what the law states about an offense.

At Hurwitz Law Group, our Los Angeles marijuana DUI attorney has significant experience representing clients of all backgrounds, and it would be our honor to represent you in court. We can review your case's circumstances, obtain strong evidence, scrutinize the prosecution's arguments, and ensure your side of the story is heard.

The stakes are high if you have been charged with a marijuana DUI, so make sure you have an objective, professional, and experienced legal counsel beside you. At Hurwitz Law Group, we can make sure your rights are well-protected.

Overview of Marijuana DUI

While recreational marijuana has been legalized in numerous locations across the country, marijuana can still cause your reflexes to slow down rapidly and make you feel exhausted. Because of these risks, operating a motor vehicle under the influence of marijuana is illegal.

Right now, there are no "levels" regarding marijuana intoxication. There is no gray area in this statute. If you have marijuana in your system while you are behind the wheel of a motor vehicle, you are guilty of a marijuana DUI.

In this case, the authorities will look for THC presence in your system, which is the psychoactive ingredient in marijuana. If you test positive, you can get charged with a marijuana DUI.

It would help if you did not wait for criminal charges to be filed before you contact us for a case consultation. If you are under investigation for a marijuana DUI, contact us for help. The sooner we can get involved in your case, the easier it will be for us to put your case in an excellent position for success of your case.

California’s Law on Marijuana DUI

California laws on marijuana DUI

The penalties for operating a motor vehicle while under the influence are harsh in California, even if it is still your first offense. The penalties are the same regardless of whether you are under the influence of alcohol or drugs, and marijuana certainly falls under that category. Every conviction for a marijuana DUI will carry a driver's license suspension, jail time, and hefty fines.

Therefore, being familiar with some of these penalties and the defenses you can employ is essential. You can do that most efficiently with a great lawyer by your side.

Marijuana DUI as a Misdemeanor or a Felony

One of the most common questions around this topic is whether a marijuana DUI is a misdemeanor or a felony. While many factors will play a role, most charges for marijuana DUI will fall under the misdemeanor category.

Remember that this does not necessarily mean the penalties are minor, but the penalties for a felony can be significantly worse.

A few factors could upgrade your charges to a felony, but most involve injuries or deaths in the accident. The weight of the casualties is typically taken into consideration.

Suppose you were not involved in a motor vehicle collision, and nobody was injured or killed while you were under the influence of marijuana. In that case, you should face a misdemeanor instead of a felony.

Marijuana DUI vs. Alcohol DUI

Marijuana DUI vs alcohol DUI

California's penalties for a marijuana DUI case are virtually identical to those for an alcohol DUI. On the other hand, you are not guilty of driving while under the influence of alcohol unless your BAC or blood alcohol concentration is 0.08 or greater. 

With marijuana, there are no levels required for conviction. If you test positive for THC, you could be guilty of a marijuana DUI and face all the consequences that follow the offense.

Marijuana DUI Impairment & THC Levels

An adequate amount of research has been conducted regarding THC levels, but this research has not yet caught up with the law. That means there are no THC "levels" for proving marijuana DUI. If you tested positive for THC and were operating a motor vehicle at the time, you could be charged and convicted of a marijuana DUI.

Scientific Basis for Marijuana DUI

Scientific basis for marijuana DUI

Even though marijuana has been decriminalized and even legalized in numerous locations across the country, marijuana can still severely impact your ability to operate a motor vehicle safely. Marijuana can slow down your reflexes, cause your judgment to be impaired, and cause fatigue to build in your system.

For all of these reasons, it is unsafe to operate a motor vehicle while under the influence of marijuana. It is why California has marijuana DUI laws in place.

Pieces of Evidence to Prove Marijuana DUI

The prosecution needs several pieces of evidence to prove a marijuana DUI. First, the prosecution has to prove that you had THC in your system, and it is typically done through either a blood test or urine test.

If law enforcement officers have probable cause to pull you over and, in turn, detect the smell of marijuana, they may be able to compel you to undergo a test. Then, they need to prove that the drug was in your system when you were operating a motor vehicle. These pieces of evidence could be enough to prove their case.

Consequences of Driving Under the Influence of Marijuana in LA

Consequences of driving under the influence of marijuana

The penalties for a conviction for driving under the influence of marijuana in Los Angeles can vary depending on your prior marijuana DUI convictions, if any.

Some of the most critical points to note include the following:

First Offense Marijuana DUI

  • A fine that could be as high as $1,000;
  • A jail sentence of two days to six months;
  • A license suspension lasting for at least four months;
  • Three months of DUI school; and
  • Probation lasts for 3-5 years.

Second Offense Marijuana DUI

  • A fine that could be as high as $1,000;
  • A jail sentence of four days to one year;
  • A license suspension lasting for at least one year;
  • 1.5 to 2.5 years of DUI school; and
  • Probation lasts for 3-5 years.

Third Offense Marijuana DUI

  • A fine that could be as high as $1,000;
  • A jail sentence of six months to one year; 
  • A license suspension lasting for three years;
  • 2.5 years of DUI school; and
  • Probation lasts for 3-5 years.

Los Angeles Marijuana DUI Prosecution

If you get charged with a marijuana DUI, Los Angeles prosecutors will move your case forward immediately. Once the prosecution feels they have enough evidence, they will try to set a trial date and an effort to force you to plead guilty or accept a plea agreement.

Remember, they must prove that you had marijuana in your system while operating a motor vehicle. That is why you need to rely on an experienced Los Angeles DUI lawyer who can help you after a marijuana DUI arrest.

Defenses to Marijuana DUI Charges

Defenses to marijuana DUI charges

We can use several defenses to get your charges dropped or enforce a more favorable plea agreement.

Some of the defenses we might employ include the following:

  • The machine used for your test was not calibrated or was misused.
  • The officer did not have probable cause to pull you over.
  • You were not operating a motor vehicle at the time of the test.
  • Your sample was not stored properly.
  • The field sobriety test that the officer administered was done incorrectly. 

Every case is different, and we will work with you to determine the best defense with the most excellent chance of a favorable outcome.

Why You Want Our Team at Hurwitz Law Group on Your Side

No matter how confident you are with the strength of your case and evidence, you still need to rely on a professional marijuana DUI defense lawyer who can assist you.

At Hurwitz Law Group, we have an intimate understanding of the justice system and are familiar with numerous defenses we can employ on your behalf.

Some of the reasons why you should rely on us include:

  • We have a vast knowledge of the justice system that we can use to put your case in a more favorable position.
  • We have significant experience representing clients charged with a marijuana DUI and can use that experience to protect your rights. We can negotiate a plea agreement on your behalf, get certain evidence thrown out, and even prevent charges from being filed in the first place. 
  • We can negotiate a plea agreement on your behalf, dispute the prosecution's evidence, and even prevent charges from being filed in the first place. 
  • We are ready to listen to your case without judgment or reservation and will always put your interests first.

For these reasons, you should rely on Hurwitz Law Group to represent you if you are facing California marijuana DUI charges. Give us a call to schedule a case consultation.

Hire a Skilled Marijuana DUI Defense Attorney in Los Angeles

Marijuana DUI defense attorney

The legal consequences of a marijuana DUI should be taken seriously, and you need to work with an experienced DUI defense attorney in Los Angeles.

At Hurwitz Law Group, our California marijuana DUI defense lawyer can represent you and protect your interests. Even if you feel like the facts of the case are on your side, you need to ensure the law is on your side too.

Give us a call today to schedule a free consultation with our California marijuana DUI defense attorney, who can ensure sure your rights are protected.

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