If you were arrested for a marijuana DUI in Los Angeles, a DUI lawyer that is knowledgeable in these cases is the first person you need to speak with. DUI cases involve legal and scientific defenses that can be used to beat the charges. Marijuana DUI cases have similar legal defenses to the more typical “alcohol” related DUI cases:
-Attacks on Police Procedures
-Attacks on evidence (foundation, hearsay, authentication)
-Attacks because of Probable Cause Issues(This link also has information on alcohol related scientific defenses.)
The scientific defenses in DUI cases, however, differ from alcohol DUI defenses. First and foremost, there is no “legal limit” with respect to how much THC (the active ingredient in marijuana) is in the driver’s blood. With alcohol related DUI’s, if the driver’s blood alcohol level is at or above 0.08% alcohol content, the driver is by law guilty of CVC23152 (b), the common “Drunk Driving” law that is used to prosecute those drivers.
With Marijuana, there is no legal limit. Drivers in marijuana DUI cases are typically charged under CVC 23152(a) or CVC 23152(f). To attack charges under CVC 23152(a), defense lawyers will look at scientific defenses as well.
-was there really “bad” driving vs. a driver momentarily swerving to avoid a pot hole or a similar type of situation
-was there observed symptoms of drug impairment (red eyes, issues with eye “nystagmus” (an involuntary twitching of the eye caused by drug use)
-Scientific attacks on the blood testing (if it was done in this case) challenging labaratory equipment, personnel training and testing protocols
For more information, speak with an experienced Marijuana DUI Lawyer. Or check out this page about: Marijuana DUI.