I was recently informed by the District Attorney's Office in Westminster that they intend to dismiss the DUI prosecution for a client of mine due to a lack of evidence. The DUI charge was based on marijuana only. The client had not consumed any alcohol.
I discussed the matter informally with a deputy DA in Westminster today. He informed me that it is his policy and the policy of his office generally that it is difficult to prove a DUI based on marijuana only, unless there is good evidence of impairment in the arrest report. What they will look at is the driving pattern observed by the arresting officer, any admission of recent consumption, and any objective symptoms of impairment such as poor performance of
field sobriety tests, slurred speech, unsteady gait and any mental confusion.
There is a lack of reliable scientific data concerning the effect of marijuana on a person's ability to drive. Some State Toxicologists are reluctant to testify to the possible effects of marijuana consumption and will restrict their testimony to the results of any drug screen performed.
If you have been arrested for a DUI in Orange County based on marijuana or drugs, please contact Orange County DUI Lawyers, Gold & Witham for a free consultation.