What will happen with a marijuana DUI charge? 12 Answers as of April 24, 2011

I am 19 years old and I am being charged with a dui because I had marijuana and was driving my car under the influence. I'm wondering what are the worst penalties that I face for a drug dui? This is my first offense.

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Do not, under any circumstances, plead guilty to Driving Under the Influence, if the only substance you were under the influence of was marijuana.
Answer Applies to: California
Replied: 4/24/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
A fine plus a one year driver's license suspension.
Answer Applies to: California
Replied: 4/24/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Same as with a regular DUI although you could also lose your driver's license for a period of time. Proof of DUI with marijuana is not an easy case for the DA to prove so you might want to consult an attorney before you decide whether to plead guilty.
Answer Applies to: California
Replied: 4/24/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
The worst case scenario could include up to 6 months in jail, up to a $1,000 fine, probation up to 5 years and additional programs. That is worst case scenario though abd I wouldn't worry about thay result based on what you wrote. It's even possible to get your dui charge dismissed and reduced. Call me through my site 1duilawyer.com if you would like to discuss your case in further detail. Free consultation. I have had success in drug related dui cases.
Answer Applies to: California
Replied: 4/22/2011
California Criminal Defense Center
California Criminal Defense Center | Ardalon Fakhimi
For a first time misdemeanor marijuana DUI in California, you face a maximum of 6 months in jail. Even though there is a 6 month maximum, most courts do not impose jail for first time misdemeanor DUI's. You may also suffer a suspension of you driver license by the DMV, separate from the court action. Please be aware that marijuana DUI's often have very strong defenses and you should contact our office or other highly qualified DUI lawyers to set up a consultation to review the merits of your case.
Answer Applies to: California
Replied: 4/22/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Probably no more than a regular DUI. Big fine and traffic school. Your license will be suspended. Don't Dope and Drive.
    Answer Applies to: California
    Replied: 4/22/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If you just go to court and plead guilty to a first offense VC 23152(a), you face the following:
    A fine of $390 to $1000 with penalty assessment (multiplied by approximately 3-4 times), up to 6 months in jail, and attendance in a 3, 6, or 9 month alcohol program. As a result of the court conviction, the DMV will suspend your license for 6 or 10 months, depending on the alcohol program ordered, but a restricted license may be requested. Additionally, you will receive 2 points on your driving record.

    But keep in mind that drug DUI's are not easy to prove, as no specific "level" can be relied on by the prosecutor (in contrast to alcohol DUI's, where a specific number/level usually exists). These types of cases can often be won by an experienced attorney specializing in DUI.
    Answer Applies to: California
    Replied: 4/21/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    The penalties for a DUI involving drugs and a DUI involving alcohol are the same. In general, on a first time DUI (alcohol and/or drugs) you are looking at 3 years of informal probation, alcohol school, fines and fees and a one year license suspension by the DMV (under 21). On a first DUI, jail is not likely but certainly possible depending on the facts of your case. However, your issues are really that a marijuana DUI case is not easy to prove ...which is a good thing for you. Unlike alcohol where there is an established legal limit that tells us if someone is "under the influence" (.08%), there is no such limit with marijuana. Marijuana stays in a persons system for a long time. The mere presence of marijuana in your system does not really say anything about your ability to safely operate a motor vehicle. There is no scientifically proven amount of marijuana that establishes this point. That being said, the best advice for you is to immediately contact an experienced DUI lawyer to fully evaluate your case to see what may be possible for you. I hope this answer was helpful. If you would like to discuss your case is more detail, I would be happy to do so. Good luck.
    Answer Applies to: California
    Replied: 4/21/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    If it was a 1st offense and there was no accident you should get a minimum penalty ( 5 days work program, $1900 fine, and a 12 week DUI program ) However Mj cases are hard for the D.A. to prove so if you hire a lawyer you may be able to get a reduction. Also there is a drivers license complication. Since you were under 21 the DMV might suspend your license. Better check with a lawyer. For more info or a fee quote.
    Answer Applies to: California
    Replied: 4/21/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    When charged with a misdemeanor like DUI, you potentially face up to 6-12 months in jail. The actual outcome will likely be far less than that. Fines and probation are the likely outcome if handled right.
    Answer Applies to: California
    Replied: 4/21/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    In San Diego, the minimum penalty is a fine of $1K and three-month class. However, DUIs with marijuana are often much more defensible than alcohol cases. You should speak to an attorney about possible defenses.
    Answer Applies to: California
    Replied: 4/21/2011
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