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Marijuana DUI, VC 23152(f)

At Kern Law, APC, we have helped numerous clients since 2004 fight and defend against DUI charges involving marijuana, California Vehicle Code Section 23152(f). The legal limit for DUI on alcohol in California is .08. However, there is no specific amount for marijuana DUI. Because there is no legal limit for Marijuana DUI cases, they can present present challenges for prosecutors. It is critically important to have an experienced DUI attorney representing you when faced with a Marijuana DUI charge.

THC, or delta -9-tetrahydrocannabinol, is the primary psychoactive ingredient found in marijuana. The non-psychoactive ingredient in marijuana is cannabidiol or CBD. Some states impose restrictions on the amount of THC a driver can have in their bloodstream while driving, California does not.

To prove that someone is guilty of Marijuana DUI, the prosecutor must establish the following under Vehicle Code Section 23152(f):

  1. A person drove a vehicle; and
  2. The person was under the influence of any drug, including cannabis; and
  3. The person’s mental or physical abilities are so impaired by such drugs that they are unable to operate a motor vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

Evidence Needed for a Conviction:

  1. A chemical test can be used but experts disagree on how much marijuana is too much under VC 23152(f). Additionally, chemical tests alone are typically insufficient to establish a conviction under VC 23152(f)
  2. The prosecutor can charge and convict without a chemical test. For example, the prosecutor can rely on how Field Sobriety Tests (FSTs) were performed; statements made by the driver to the officer, the close proximity of drug paraphernalia, the driving pattern, such as weaving, speed, and not obeying traffic laws. Officers will also rely on physical symptoms of marijuana use such as dilated pupils, the smell of marijuana, red eyes, slow reaction times, etc.

If you have been charged with Marijuana DUI, VC 23152(f), call Kern Law, APC, today. We will provide free consultation and quality representation.