san diego dui & marijuana defense

Does a positive Urine Analysis test (UA) or Blood Test for THC (Marijuana/Pot) indicate and/or confirm a driver is under the influence at the time the drug test is administered? NO!.

A current and upcoming debate in DUI Laws is whether Marijuana, (aka Pot, Mary Jane, Chronic, Weed, etc.) impairs a motorist's ability to operate a vehicle. More importantly is the fact that Marijuana has a long "shelf life", meaning that it can exist in a person's blood stream long after having any effect on their mental and motor skills.

It is currently illegal to have any trace of Marijuana in one's system while driving a vehicle in San Diego.

Unfortunately for drivers who do smoke or otherwise consume pot, Cannabis "doubles" its shelf life with each ingestion, so a chronic marijuana smoker (whether for medical or recreational use) might show evidence or traces of THC (Tetrahydrocannabinol) in their blood and urine samples for as long as six months from their last use of the drug.

Our position at the San Diego DUI Law Firm of Cole Casey is that California DUI legislation and policies should not apply to the use of marijuana (Cannabis) by a motorist.

We strongly contest the State's allegations that marijuana usage impairs driving. We are pioneering the successful defense of persons charged with driving stoned in San Diego

Recent studies reveal that Marijuana use does not affect affect a person's ability to safely operate a motor vehicle. Also proven is the fact that the presence of Marijuana in a person's system does not prove that he or she is under the influence at the time a positive test result for the drug is administered.

Although the California Department of Justice (DOJ) claims that pot can impair a motorist's ability to safely operate a motor vehicle if the driver is an inexperienced marijuana user or has ingested a particularly large amount / dose of the drug, there are two prolific and recent Federal studies, at the time of this writing, that conclusively refute the DOJ's findings.

The Federal Department of Transportation (DOT) found that marijuana, when consumed alone without alcohol or other drugs, only occasionally affected a driver's conduct and functioning as opposed to alcohol, which is found to habitually and substantially impair a motorist's performance.

Summarily, the Department of Transportation discovered, as stated in a recent study titled "Marijuana and Actual Performance" that "THC is not a profoundly impairing drug" and does not affect controlled information to a degree that exceeds a person's competence to control a vehicle when he or she is determined to drive.

The DOT's publication "Marijuana and Actual Performance" also states that it is impossible to presume impairment based on a motorist's blood concentrations of THC and THC-COOH detected from a solitary sampling of plasma.

DUID, or Driving Under the Influence of Drugs, is a California misdemeanor in cases where there are no DUI Enhancements, or case aggravators.

In addition to no extenuating circumstances involving the DUI as a condition for misdemeanor classification, the defendant must be clear of any prior DUI offenses for the past ten years (counting from arrest date to arrest date).

Juvenile DUI, or Zero Tolerance for drivers under the age of 21, is classified separately (for .04% BAC and below) as California Vehicle Code § 23136, and subject to much stricter Minor DUI Laws.

G. Cole Casey heads the top San Diego drunk driving defense firm. As a well known San Diego DUI lawyer, his proven track record and DUI Jury Trial Case Results are unmatched and unprecedented by any other DUI attorney in the region.

Call us twenty four hours a day at  (619) 237-0384  or  eMail Cole directly   now to discuss a legitimate and effective defense strategy for your driving under the influence case.