Does a marijuana DUI have the same impact as a regular DUI?
My brother was arrested for having the smell of weed in his car, and he had admitted to smoking earlier that afternoon. Will his DUI be greater than a regular DUI because of drug use?
Answered By: The English Law Firm
Probably not. It doesn't really matter why you are under the influence. There is the possibility of other charges, however, that are specifically drug related.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Greenwald, Mayfield & Vigil, LLP
No, typically if they do not find any drugs in the car at the time of the traffic stop (therefore adding simple possession charges) a DUI for marijuana is the same as a DUI for alcohol. The DMV will only take his license away after a conviction so it is important to fight a marijuana DUI to keep it off his record as well as to save his driving privileges. If he had a blood test done then an attorney can request the results of that test and do an analysis of the blood to try to argue that he wasn't under the influence at the time he was driving. He should speak with a criminal defense attorney right away.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Thomas F. Mueller
No, it's the same, however a Mj. case can be defended much more successfully than an alchohol case. It is advisable for your brother to consult with an experienced lawyer.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Robert L. Driessen
It is the same it would be a 23152(a). He should hire an attorney to fight these charges.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Peter F. Goldscheider
In court it would have the same effect and penalities. The only difference is he would not be subject to an administrative suspension of his license.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Joe Dane
A DUI is a DUI. Driving under the influence of drugs or alcohol is covered by the same law with the same punishment. The big difference is that a marijuana DUI can be very difficult for the prosecution to prove. There is no magic number like an alcohol DUI 0.08% they can point to as a "legal limit". Your brother needs a lawyer, though.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Joseph A. Katz
Number one: do not talk to the police. Politely say that you have nothing to say and that you want a lawyer if you are suspected, or being accused, of a crime. Your brother did not know any better, I am sure, but he blew it badly when he admitted smoking earlier that day. Number two: Never, ever, ever agree to the Field Sobriety Tests. Ever. You must provide a breath or blood sample pursuant to California Law ('Implied Consent'), so do so. The cop, despite whatever lie he told you (and he is legally allowed to lie to you), was going to arrest you and impound your car anyway, if he thought that you were driving under the influence of drugs or alcohol. That said, I have never, and will never, plead any client to a DUI for marijuana. Lastly, no, his marijuana DUI will not be worse than an alcohol DUI. It will count the same on his criminal and DMV records. The difference is that the DMV might... I said "might", not suspendhis license for a marijuana DUI. Fight all of it, all the way. I might not even take a 'reckless driving' (CVC 23103, not CVC 23103.5!) in this case, but that would be the very most I would consider.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Tracey S. Sang
Alcohol and drug DUIs are treated the same - there is nothing that distinguishes the two. That said, MJ DUIs are much more defensible as, unlike with alcohol, there is no bright line cut-off for the permissible amount in your blood. If the defendant is a habitual user then an argument can be made that the amount of THC in the blood was not enough for him to be under the influence.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
DUI is short for driving under the influence. It is not limited to alcohol, but incudes drugs both legal and illegal ones. It will be treated in court the same as an alcohol DUI. The penalties will be based upon the degree of impairment.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Nelson & Lawless
Yes, they are the same penalties. If he is serious about hiring counsel to help fight or deal with this, have him contact me. Keep in mind a little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jeff Yeh
No, the consequences are the same if he pleads guilty. But realize that MJ DUI is much more defensible than an alcohol DUI, because MJ concentration is very hard to prove. So he should definitely not just go to court by himself and plead guilty. Consult a DUI specialist.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Martina Vigil
Generally, it holds the same consequence. A Driving Under the Influence charge can be for drugs and/ or alcohol. In my opinion, marijuana DUIs are easier to fight than alcohol related charges because the statute does not define what amount of marijuana effects your driving to the point in which you are incapacitated. I think you're more likely to get a wet reckless plea rather than a DUI conviction which is a good deal. Hire an attorney instead of pleading guilty to the misdemeanor complaint.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Lewis R. Rosenblum
A MJ DUI is very tough for the DA to prove, I would suggest he contact a good defense lawyer. If however he is convicted it will have the same impact as a regular DUI regarding the criminal case.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Andrew Roberts
It typically doesn't. However, there are significant defenses to a DUI with mj versus alcohol. You definitely retain an attorney.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Desert Defenders
It will have the same impact as alcohol DUI, as the law is concerned with driving impairment, no matter the substance cause.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Phil Hache
Generally speaking, no. He would be charged with a VC 23152(a), driving under the influence of drugs or alcohol. If someone gets an alcohol only DUI, they would have this charge as well. I can be reached through 1duilawyer.com if you would like to discuss further. These are usually good cases to fight as marijuana related DUI's are generally tougher to prove by the prosecutor than alcohol related offenses. Also, if there is no alcohol involved, should be a set aside from any DMV action.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Michael Bialys The DUI Dude
It really depends on several factors one of them being does he have a medical marijuana card.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Harry E. Hudson, Jr.
Yes. A DUI is a DUI.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Wallin & Klarich: A Law Corporation
Most likely. The DMV will take action to suspend your license because you were under the influence of a drug. Vehicle Code 23125(a) states that you can't operate a motor vehicle if you are under the influence of a drug or alcohol. However, the Court imposed punishments may be different such as not requiring alcohol classes (AA).
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on DUI
- What do I need to do to get this reduced to dry reckless?(12/8/2011)
- How can I get my license back after four DUIs?(12/8/2011)
- What states require an ignition interlock device after a DUI conviction?(11/17/2011)
- How does a DUI impact someone with misdemeanor charges?(11/10/2011)
- Second offense DUI consequences?(11/9/2011)
- What happens if you get a DUI while driving on a suspended license?(11/9/2011)
- What is the first step after being released and charged with DUI?(11/8/2011)
- What is considered failing on a DUI field sobriety test?(11/7/2011)
- How often do breathalyzers have to be calibrated?(11/4/2011)
- Can my DUI case be dismissed if the officer didn't read my Miranda Rights?(11/4/2011)
- Under what circumstances can I be charged with a DUI?(11/2/2011)
- How can I qualify for a wet and reckless driving charge instead of a DUI?(10/28/2011)
- Can I plead guilty to a DUI charge in advance?(10/28/2011)
- Do I need to appear in person in court for my DUI trial?(10/27/2011)
- What happens if you refuse to take a breathalyzer test?(10/27/2011)
- Can I still get auto insurance after a DUI?(10/27/2011)
- Is there a way to expedite the DUI process?(10/26/2011)
- Can I get a DUI while on marijuana instead of alcohol?(10/25/2011)
- What are the best tactics used to lower DUI penalties?(10/20/2011)
- Can a police officer pull you over for no reason?(10/17/2011)
