What type of conviction will I get for a Marijuana DUI in California? 17 Answers as of February 29, 2012

After being found at fault for failing to yield in a left turn and hitting another car, i was found to be at fault for the crash. Then, upon searching my vehicle, officers found no marijuana but there was a smell eminating from my car so i got some sobriety tests that i failed.

They gave me a Marijuana DUI. What type of conviction am i looking at?

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Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
A Marijuana DUI is found under the same penal code as an alcohol DUI, VC 23152(a). Thus, assuming it was your first offense it will likely be charged as a misdemeanor. The standard is that you no longer have the "ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstance". Luckily, there are some defenses to a Marijuana DUI charge should you decide to try and dispute your charge. Feel free to contact our office anytime to set up a free confidential consultation to discuss your matter in more detail.
Answer Applies to: California
Replied: 1/7/2011
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
Please contact my office. The charges could range from a wet and reckless to a felony DUI with injuries.
Answer Applies to: California
Replied: 1/7/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You're looking at a VC 23152(a), which has the same consequences as an alcohol DUI. Consider consulting a DUI specialist. Drug DUI's are a lot more defensible than regular alcohol DUI's, because there isn't a specific BAC level that the prosecutor can rely on, not to mention they have to prove the time you last smoked MJ, how it affected you...etc., among other things. Without an attorney, however, none of these things will come out, and the prosecutor/Judge will not take you very seriously.
Answer Applies to: California
Replied: 1/6/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
They will likely attempt to punish it as if it were an alcohol dui. Because there was an accident, they will likely try to add enhancement penalties. Were thee any injuries? Did they have you do a urine test or blood test? Call me to discuss further or email me.
Answer Applies to: California
Replied: 1/6/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Exactly the same as a first time DUI conviction There is a standard deal with a fine around 1800 and a requirement that you go to the DUI school which is expensive and a pain in the ass. Also you lose your license for 6 months, but after one month you can get a "to and from work; to and from DUI program" license. Anymore questions about this, call me
Answer Applies to: California
Replied: 1/6/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    I am not an expert on California law but it should be the equivalent to DUI with alcohol which is a gross misdemeanor in most states. A gross misdemeanor is more serious than a misdemeanor but less serious than a felony.
    Answer Applies to: Washington
    Replied: 1/6/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Same as any other DUI with an accident, at the minimum a misdemeanor, but potentially felony charges.

    When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.

    Additionally, turn over the claim to your auto insurance and cooperate with them in the litigation filed against you. If you have no insurance, hire an attorney to represent you. If serious about doing so, feel free to contact me.
    Answer Applies to: California
    Replied: 1/6/2011
    Wise Law Group
    Wise Law Group | Michael J. Wise, Esq
    You would be looking at a standard DUI under CVC 23152(a) if they can prove you were in fact imaired.
    Answer Applies to: California
    Replied: 1/6/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    You may not get a conviction at all a DUI Marijuana conviction is very hard to prove because Marijuana stays on the system for so long. This type of charge is very defensible. DMV usually drops these cases they only handle alcohol related cases.
    Answer Applies to: California
    Replied: 2/29/2012
    The Law Office of Stacey Wolcott
    The Law Office of Stacey Wolcott | Stacey Wolcott
    First of all, the charge is a violation of Vehicle Code section 23152(a), driving under the influence of alcohol, or drugs, or both. As far as your case goes, in order to prove that you were under the influence a laboratory test is necessary to confirm that you were in fact under the influence of marijuana. As far as punishment, if this a first time DUI for you the maximum punishment you face is 6 months in county jail. However, it sounds like there may be some other issues since this is the result of an accident, so there may be a potential for additional punishment. I would be happy to discuss these issues and any other questions you may have at a free consultation, feel free to call my office and schedule an appointment.
    Answer Applies to: California
    Replied: 1/6/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You will be charged with a 23152(a) driving while under the influence of drugs. This is not the kind of case I would just plead guilty to. These are difficult for a prosecutor to prove. You should consult with a local criminal defense attorney to assist you.
    Answer Applies to: California
    Replied: 1/6/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    You would be convicted of Driving under the influence of a drug. However those cases are sometimes difficult for the D.A. to prove. We frequently handle those cases. Call our office for more info or to get a fee quote.
    Answer Applies to: California
    Replied: 1/6/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    You're looking at the same potential punishment as an alcohol DUI. But that's just the potential punishment. Marijuana DUI cases are much more difficult for the DA to prove than alcohol ones, since there's no cut-off number like the 0.08% for alcohol cases. The good news is that you won't have to face the DMV proceedings to initially suspend your license, since they don't apply to drug or marijuana DUI cases. This is certainly worth discussing in person with a criminal defense attorney, as a DUI isn't automatic in this case.
    Answer Applies to: California
    Replied: 1/6/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    You have a good chance in fighting this case. However, a DUI is a DUI regardless of the substance you are under the influence of.
    Answer Applies to: California
    Replied: 1/6/2011
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