Is it possible to get a DUI for smoking weed? 14 Answers as of June 26, 2013

I recently got a DUI while driving with possession of marijuana in the car. I was not smoking, but my friends were and so the police officer assumed I was also. The problem was that I had smoked week the night before, so it was still in my system when he tested me. They gave me a blood test. I got a DUI and I am worried about the consequences. What should I do?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The English Law Firm
The English Law Firm | Robert English
You can get a DUI for marijuana. Any substance that impairs your driving can be the basis for a DUI. It would be a defense if you were not actually high at the time of driving but you may have proof problems with that defense.
Answer Applies to: California
Replied: 8/18/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Hire a lawyer. The D.A. has a difficult time proving a DUI case involving MJ. There are no definitive standards. A good lawyer can either get a reduction of the DUI or maybe even a dismissal.
Answer Applies to: California
Replied: 8/17/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You can . But it is hard to do with drugs than alcohol.
Answer Applies to: California
Replied: 6/26/2013
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Yes. Its not called drunk driving, its called Driving Under the Influence, whether alcohol or other drugs, legal or illegal. You can be convicted is the drug was cough syrup. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense. A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone about the case except an attorney. That includes on this or any other web site or public forum. Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. The attorney will try to get a dismissal, diversion, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answer Applies to: California
Replied: 8/17/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
It is particularly important to fight a DUI charge arising from ingesting marijuana because the DA has a hard time proving that your driving was effected by the amount of marijuana ingested. In other words, the DA must prove that you were at a .08% BAC or higher at the time of driving to satisfy the (b) count of Vehicle Code section 23152. Clearly, the DA cannot prove this with marijuana DUIs. However, the DA can prove that your Vehicle code violation was the result of you smoking marijuana which satisfies the (a) count of 23152. Unlike alcohol, there is no clear law on the books that states the amount of marijuana that needs to be consumed before you can no longer operate a motor vehicle safely. This makes it tough for a DA to prove beyond a reasonable doubt that you were DUI.
Answer Applies to: California
Replied: 8/17/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    I would hire an attorney to fight the DUI charge.
    Answer Applies to: California
    Replied: 8/16/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to hire a DUI specialist immediately. MJ DUI's are very defensible, because MJ concentration is very hard to prove, but no prosecutor will give it up so easily. Also, the DMV may go after your license unless you take timely action to protect it.
    Answer Applies to: California
    Replied: 8/16/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You have a very interesting case. The answer is YES you can be prosecuted for a DUI. However, if you retain an experienced DUI defense attorney who knows how to defend DUI-marijuana cases you could stand a very good chance of prevailing. It is difficult for the DA to win DUI cases based upon being under the influence of marijuana since it is difficult to "quantify" how marijuana must be in your system to mean you were "legally under the influence".
    Answer Applies to: California
    Replied: 8/16/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    My question is, did you plead to the DUI? If you haven't, please don't. It is hard for the prosecution to quantify the amount of pot in your system. There is no level like there is in an alcohol case. Did you have enough in your system to put you under the influence for driving? Fight it!
    Answer Applies to: California
    Replied: 8/16/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    A Driving Under the Influence ofbooze or drugs is treated the same.
    Answer Applies to: California
    Replied: 8/16/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    Marijuana DUI's are not uncommon. However, they are often very strong cases for the defense. You should consult with a DUI lawyer to preserve your rights immediately after the incident. The consequences of a marijuana DUI, if convicted, are primarily the same as a alcohol related DUI, with a few very minor exceptions.
    Answer Applies to: California
    Replied: 8/16/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    DUI marijuana is very hard to prove, for some of the reasons you stated. You can drive under the influence of any intoxicant, so you can get a DUI marijuana, but experts do not have specific THC levels in the blood compared to specific neurological problems the way the experts testify regarding DUI and opiates. As you say, marijuana stays in the bloodstream longer. Of course if you are driving in a closed car with several friends who are smoking, you are inhaling at least some of what they are inhaling.
    Answer Applies to: California
    Replied: 8/16/2011
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    You can and should fight this. Get an experienced DUI lawyer who practices in your area. Make sure they are a member of the National College for DUI Defense. DUI's are charged two ways. Being at or over .08% and or being under the influence of drugs and or alcohol. The pot comes under the second way, but is tough for the DA to prove if you have great DUI lawyer. Good Luck
    Answer Applies to: California
    Replied: 8/16/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Looks like a question posed here before. The impairment effects from week do not last more than an hour. DUI-MJ is hard for DA to prove, so they usually cave, unless someone is dumb enough to represent him/herself.
    Answer Applies to: California
    Replied: 8/16/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney