Although theoretically a person may be guilty of DUI based on the consumption of marijuana only, these cases are tough for a prosecutor to prove beyond a reasonable doubt. There is no level of marijuana in a persons system beyond which a person is considered legally impaired, it is all a matter of opinion and conjecture.
People react differently to marijuana depending on a number of factors including tolerance. In addition, there is a lack of peer reviewed studies that a prosecutor may rely on to equate marijuana with legal impairment. However, it is very different when a person is arrested for DUI with a combination of marijuana and alcohol in their system as most toxicologists would agree that the combination of alcohol and marijuana may significantly increase impairment levels. Defending a DUI with a combination of alcohol and marijuana alleged requires more effort and experience.
We were recently retained by a gentleman who had been arrested for DUI in Los Angeles based on alcohol and marijuana. He admitted to smoking marijuana and the blood test came back positive for cannabis. He also had a blood alcohol level of .06%. The initial offer was for the client to plead to a “wet reckless”, but we were eventually able to convince the prosecutor to dismiss the DUI and accept a plea to a reduced charge of “exhibition of speed”. This is a non-alcohol related misdemeanor and carries a penalty of a fine only.
The alternative of jury trial was not something the client wished to risk, given the fact that our own toxicologist felt that the evidence indicated impairment because of the combined influence of alcohol and marijuana. If you have been arrested for DUI based on marijuana or a combination of DUI and drugs, please contact Los Angeles DUI lawyers at Gold & Witham for a free case evaluation.