Marijuana DUI in California
- in Laws
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.
When Someone Commits a Marijuana DUI
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.
Penalties of Marijuana 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.
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 Bail Someone Out
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.
The Defendant Must Show up in Court
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.
What the Cost?
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.