Sec 23152 (a) of the California Vehicle Code or the crime of DUI marijuana involves driving either under the influence or in possession of the prohibited drug. There are two other cases that are involved in this case, such as Sec 11357(b) of the California Health and Safety Code or Possession of Marijuana and Sec 23222 of the California Vehicle Code or Possession of Marijuana while Driving.
This is a more difficult case to prove compared to being under the influence of alcohol. Because the primary ingredient is THC or delta 9 tertrahydrocannabinol, this chemical is retained in the body for a longer period of time, depending on the amount consumed, the concentration of the chemical and the individual tolerance to marijuana.
The following are the elements needed to be proven to show that an individual has committed the crime of DUI marijuana:
1) The accused’s driving pattern;
2) The accused’s physical appearance;
3) The accused’s performance in Field Sobriety Tests;
4) The results of the chemical tests revealing the concentration of marijuana in the bloodstream;
When convicted of the crime of DUI marijuana, the punishment depends on the facts of the case, the accused’s criminal history and other factors. The following are the DUI penalties imposable:
• Informal Probation of between three to five years;
• Imprisonment of up to one year in county jail;
• Payment of a fine of up to $1,000;
• Attendance in court appointed DUI school;
• Suspension of driving privileges of up to six months;
The crime of DUI marijuana is a serious matter in California. Should you be or know anyone facing any of these charges, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.
