Can You Get a DUI From Weed? California Law Says Yes

28 Jan, 19

• in Laws

It’s a common scenario: you use cannabis legally at home, wait a few hours, and feel completely sober before getting in your car. You believe you’re being responsible, but a traffic stop could quickly turn into an arrest. This raises a critical question: can you get a DUI from weed even if you don’t feel high? Yes, you can. THC, the active compound in marijuana, can affect your reaction time and judgment long after the initial effects have faded. Police are trained to spot these subtle signs of impairment. Understanding this risk is essential for every California driver. Here, we’ll break down the laws, the tests officers use, and the steps to take if you or a loved one is arrested.

  Since January 1, 2018, marijuana became legal under California law. Despite its legal status, driving while under the influence of marijuana remains a crime like drunken driving. California law enforcement will most likely dedicate more energy to the enforcement of the DUI laws within the state of California, and some expect that a lot of drivers will need bail money in the end because the cases are expected to rise.

Can You Get a DUI for Marijuana in California?

Individuals who have committed marijuana DUI will need to hire a bail agent if they have driven a motor vehicle while having a significant impairment in their mental abilities due to cannabis. This happens to the extent that they cannot drive with the same caution and good judgment that a sober person might exercise. People might put the legal definition of this DUI under the same code as Vehicle Code 23152.

How Marijuana Affects Driving Ability

Understanding how marijuana impacts your ability to drive is key to staying safe and avoiding legal trouble. Unlike alcohol, the effects of cannabis can be more subtle, but they are just as dangerous behind the wheel. The Centers for Disease Control and Prevention (CDC) points out that marijuana directly influences the parts of your brain responsible for crucial driving skills. This impairment isn’t about feeling a certain way; it’s a measurable decline in your capacity to operate a vehicle safely, which is what law enforcement looks for during a traffic stop. The primary issues are a delay in your reaction time and a change in how you perceive your surroundings.

Slowed Reaction Time and Coordination

One of the most significant ways marijuana affects driving is by slowing your reaction time. According to the CDC, “Cannabis affects parts of your brain that control movement, balance, coordination, memory, and judgment.” When you’re driving, you need to make split-second decisions, whether it’s braking for a sudden stop, swerving to avoid an obstacle, or reacting to another driver’s mistake. Marijuana use can create a critical delay in how quickly you respond. This impairment makes it much harder to handle unexpected situations on the road, directly impacting your ability to drive with the same caution as a sober person.

Distorted Perception

Marijuana can also alter your perception of time and space, which is incredibly risky when you’re driving. You might misjudge the speed of an oncoming car, the distance to the vehicle in front of you, or the timing of a traffic light. This distortion can lead to serious errors in judgment. While the CDC notes that more research is needed, they confirm that “studies show a link between using cannabis and car crashes.” This link is what makes driving under the influence of marijuana a serious offense. It’s this proven impairment, not just the presence of THC, that can lead to a DUI charge and the need for immediate legal and financial assistance.

How Police Prove Marijuana Impairment

Proving marijuana impairment is different from proving alcohol intoxication. There isn’t a simple roadside breathalyzer for THC. Instead, police officers rely on a combination of observations, standardized tests, and chemical analysis to build a case for a DUI. The process starts the moment they see erratic driving and continues through a series of steps designed to establish that a driver is too impaired to be on the road. It’s important to know that you can be charged even if you don’t feel high, as THC can remain in your system long after the initial effects have worn off.

Observed Driving and Physical Signs

The first step in a marijuana DUI investigation is the officer’s observation of your driving. This could be anything from weaving between lanes and driving significantly below the speed limit to delayed reactions at stop signs. Once you’re pulled over, the officer will look for physical signs of impairment. These can include red or bloodshot eyes, slow or slurred speech, difficulty retrieving your license and registration, or the smell of marijuana in your vehicle. These initial observations are crucial pieces of evidence that give the officer reasonable suspicion to investigate further and can ultimately contribute to an arrest.

Field Sobriety Tests (FSTs)

If an officer suspects impairment, they will likely ask you to perform a series of Field Sobriety Tests (FSTs). These are standardized physical and mental exercises designed to test your balance, coordination, and ability to follow instructions—all faculties that marijuana can affect. As one legal resource explains, “Police use… field sobriety tests (like walking a straight line) to see if you’re impaired.” Common FSTs include the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus test (following a pen with your eyes). Your performance on these tests gives the officer more evidence to determine if you are under the influence.

Chemical Testing and THC Limits

After the FSTs, an officer may request a chemical test to detect the presence of THC in your system. This is typically done through a blood, saliva, or urine sample. Unlike some states that have a specific legal limit for THC in the blood, California law focuses more broadly on impairment. The prosecution must prove that you were unable to operate a vehicle with the caution of a sober person due to marijuana use. If a chemical test confirms the presence of THC and you are arrested, the situation can become overwhelming. This is often the point where families contact us at Jose Espinoza Bail Bonds for help navigating the first steps, offering fast and personal service to secure a release from jail.

How Long THC Stays in Your System

A common question is how long THC can be detected by a chemical test. Blood tests look for “active THC,” which is what causes the psychoactive effects. For infrequent users, active THC can be detected for about 4-6 hours. However, for regular users, it can remain detectable for up to 24 hours or even longer. This is a critical point because you could be arrested for a DUI long after you feel sober. The lingering presence of THC metabolites means a chemical test could show positive results, leading to a charge even if you consumed cannabis the day before.

What Are the Penalties for a Weed DUI?

The same penalties apply to someone who has a conviction for alcohol DUI. For a first-time offender, the penalties might include three to five years of probation and anywhere from 96 hours to six months in the local jail. The fine faced could be anywhere from $390 up to $1,000. An individual could also face the suspension of his or her driver’s license for up to six months.

Penalties for Repeat Offenses

While a first-time offense carries significant penalties, the consequences become much more severe for repeat offenders. California law looks at your driving record over a 10-year period, and each subsequent DUI within that window brings harsher punishments. A second offense can result in at least five days in jail or 240 hours of community service, on top of the initial penalties. If you face a third offense within a decade, the charge often escalates to a serious felony. This could mean a minimum of 90 days in jail, a potential state prison sentence of three to seven years, and fines climbing as high as $25,000. If you or a loved one is arrested for a repeat offense, securing a quick release from jail becomes critical, and that’s where professional bail bond services can make all the difference.

Aggravating Factors That Increase Penalties

Not all DUI charges are treated equally. Certain circumstances, known as “aggravating factors,” can significantly increase the penalties you face, even for a first-time offense. For example, if you caused an accident that resulted in injury or property damage, the consequences will be far more severe. Other factors include having a child under 14 in the vehicle, driving at excessive speeds, or having a very high concentration of THC in your system upon testing. Refusing to submit to a chemical test after your arrest can also lead to enhanced penalties, including a longer license suspension. These factors give prosecutors more leverage to seek tougher sentences, making a strong legal defense even more essential.

Long-Term Consequences of a Conviction

The impact of a DUI conviction extends far beyond the courtroom and the initial penalties. A conviction creates a criminal record that can follow you for years, creating obstacles in many areas of your life. Many employers conduct background checks, and a DUI on your record can make it difficult to find a job, especially if the position involves driving. You may also face challenges when applying for professional licenses, loans, or even housing. Furthermore, a conviction can have personal repercussions, potentially affecting child custody arrangements or immigration status. It’s a lasting mark that underscores the importance of addressing the charge seriously from the very beginning.

Important Legal Details and Driver Rights

Facing a marijuana DUI charge can be confusing, and it’s easy to feel overwhelmed by the legal process. However, understanding a few key legal principles can help you make more informed decisions. Knowing your rights and the laws that apply to your situation is the first step toward building a defense. From the rules about chemical testing to common misconceptions about medical marijuana cards, being aware of these details is crucial. An arrest can happen anywhere in the state, and having access to help across our many locations ensures you’re never alone.

Implied Consent Laws

When you get a driver’s license in California, you automatically agree to what are known as “implied consent” laws. This means you have consented to take a chemical test (blood or breath) if you are lawfully arrested for a DUI. While you can technically refuse the test, doing so comes with its own set of penalties. Under implied consent laws, a refusal typically leads to an automatic driver’s license suspension for at least one year, regardless of whether you are ultimately convicted of the DUI. The prosecution can also use your refusal against you in court, arguing that it shows a “consciousness of guilt.” This puts you in a difficult position, as both choices have serious consequences.

Medical Marijuana Cards Are Not a Defense

One of the biggest misconceptions is that having a medical marijuana card protects you from a DUI charge. This is simply not true. A medical marijuana card provides a legal defense for possessing and using cannabis for medicinal purposes, but it is not a license to drive while impaired. The law is concerned with your ability to operate a vehicle safely, not whether your marijuana use is legal or not. If law enforcement determines that you are too impaired to drive, you can be arrested and charged with a DUI, regardless of whether you have a valid medical recommendation. The focus is entirely on impairment, not legality.

Understanding “Actual Physical Control”

You don’t have to be driving down the road to be charged with a DUI. The law applies to anyone who is in “actual physical control” of a vehicle while impaired. This means you could be arrested for simply sitting in the driver’s seat of a parked car with the keys in the ignition. For example, if you decide to “sleep it off” in your car but leave it running for heat or music, an officer could determine that you have the ability to put the car in motion at any moment. This is a surprising and often confusing aspect of DUI law that catches many people off guard. If you find yourself in this unexpected situation, it’s important to contact us immediately for guidance.

How Does the Bail Bonds Process in California

If a loved one has been arrested for marijuana DUI in California, getting them released on bail money depends on a variety of factors. First, it depends on how crowded the jail system is at the time. Second, it depends on the severity of the offense. For example, if someone was killed because of them driving under the influence, they will have a much higher cash bond set against them by the judge. It might also depend if the person refused to take a chemical test, but because these charges are usually misdemeanors, people will typically be released from jail on bail terms within a few hours thanks to the bail agent. If it’s a felony, on the other hand, it can take up to a week.

How to Post a Marijuana Bond for a Loved One

The bail bonds process in California will typically begin with a bond agent. The bond company will request that the person bailing out a loved one sets a specific amount down to help get them out. Next, the cash bond gets taken to the court system which helps to bail them out. Bail terms will be set, and the defendant should be sure to follow them so that he or she doesn’t wind up back in jail. Under those circumstances, where the individual ends up back in jail, the bail amounts California will either be much higher or the judge will not even set bail bonds the second time around with the bail agent.

What Happens if You Skip Your Court Date?

After the bail agent has put forth the bail money, the marijuana DUI defendant gets released. However, a failure to appear in court means that the money paid to the bail agent will be forfeited. This also means a bounty hunter could soon be chasing after the defendant who failed to show up in court. Judges do not look favorably on anyone who skips their court date after they have been released on bail bonds. After a loved one has chosen to hire a bail agent, they should make sure their loved one shows up in court.

Breaking Down the Cost of a Bail Bond

Most bail companies will typically have a golden rule of charging 10 percent of what the bail amounts California judge set. They will put the rest down, and the loved one gets released from jail on bail terms. How long it takes for bail money to release someone charged with marijuana DUI in California will depend on jurisdiction, the severity of the offense and how crowded the jail is at the time. Marijuana DUI typically gets roped under the same category as alcohol DUI. This means the penalties and the process surrounding it will be similar. Sometimes a person can lower the 10 percent value of the bail if they choose to be represented by an attorney. This is because the lawyer can request that the judge lower the set bail amount to something more agreeable, which makes the bail bondsman lower the price as well.

Frequently Asked Questions

I smoked hours ago and felt completely sober when I drove. Can I still be charged with a DUI? Yes, you absolutely can. The law isn’t concerned with how you feel, but whether you are actually impaired. THC can slow your reaction time and affect your judgment long after the initial high has worn off. A chemical test can also detect THC in your system for hours or even days after use, and this result can be used as evidence to support an impairment charge.

Is there a legal limit for THC in California like there is for alcohol? Unlike the specific .08% blood alcohol concentration (BAC) limit, California does not have an established legal limit for THC in your blood. Instead of relying on a number, the prosecution builds its case by proving you were too impaired to operate a vehicle safely. They use a combination of evidence, including the officer’s observations, your performance on field sobriety tests, and the presence of THC in your system.

What happens if I refuse to take a blood or urine test after an arrest? Refusing a chemical test triggers immediate penalties because of California’s “implied consent” law, which you agree to just by having a driver’s license. A refusal typically results in an automatic one-year suspension of your license, regardless of whether you are ultimately convicted of the DUI. The prosecution can also use your refusal against you in court as evidence that you knew you were impaired.

Does having a medical marijuana card protect me from a DUI charge? No, a medical card is not a defense against a DUI. Your card provides a legal reason for possessing and using cannabis, but it does not give you a pass to drive while impaired. A DUI charge is based entirely on your ability to drive with the same caution as a sober person, not on whether your cannabis use was legal or medicinal.

Do I have to be actively driving to get a marijuana DUI? You don’t have to be in a moving car to be charged. The law applies to anyone who is in “actual physical control” of a vehicle while impaired. This means you could be arrested for sitting in the driver’s seat of a parked car with the keys in the ignition. If an officer determines you have the immediate ability to put the car in motion, that can be enough to lead to a DUI charge.

Key Takeaways

• Feeling Sober Isn’t a Legal Defense: THC can impair your driving abilities for hours after you stop feeling high. California law focuses on actual impairment—like slowed reaction time and poor coordination—not just how you feel, which can lead to an unexpected DUI.
• Expect More Than a Breathalyzer: Officers prove marijuana impairment through a series of observations. This includes your driving patterns, physical signs like red eyes, your performance on Field Sobriety Tests, and finally, a chemical test for THC.
• A Conviction Impacts Your Entire Life: The penalties for a weed DUI are just as harsh as those for alcohol and go far beyond fines and jail time. A conviction creates a criminal record that can affect your job, professional licenses, and even housing applications for years.

Related Articles

• DUI Defense: If Someone Commits a Marijuana DUI
• California Marijuana Laws – Espinoza Bail Bonds
• Personal Possession of Marijuana | Espinoza Bail Bonds
• DUI Consequences in CA | Espinoza Bail Bonds
• DUI Laws California: Ignition Interlock Devices | Espinoza Bail Bonds