San Diego Marijuana DUI Attorneys

Call Now If You Were Arrested for Marijuana DUI

If you were arrested for a marijuana DUI in San Diego, the clock is already ticking. The decisions you make in the hours and days following your arrest can have a lasting impact on your future, driving privileges, career, and criminal record. At The Law Offices of Casey & Angelos, we have been defending San Diego drivers against DUI charges since 1998, so you can trust that we’ll be ready to jump to your defense.

Unlike alcohol-related DUI charges, marijuana DUI cases often hinge on contested science that may struggle to prove when cannabis was last used and how much it affected the defendant at the time of their arrest. Thanks to our decades of experience and vast resources, we know how to scrutinize every detail of your case, so let us put that knowledge to work for you today.

Why do San Diego drivers trust us with their marijuana DUI cases?

• Distinction and knowledge: Attorney Cole Casey is the only San Diego attorney to serve on the teaching faculty of the prestigious National College of DUI Defense. He is also a co-founder of the National DUI Defense Lawyer's Association.
• Recognition and respect: Attorney Lauren Angelos brings more than a decade of focused DUI defense experience and has earned recognition as a Top 40 Under 40 Attorney by the National Trial Lawyers (2016) and as one of the 10 Best Attorneys in Client Satisfaction by the American Institute of DUI/DWI Attorneys (2016 and 2017).
• Intentional focus: Our firm's practice is devoted entirely to DUI defense. We do not dabble in other areas of law, which means our knowledge of California DUI law, including marijuana DUI law, runs deep.
• Reputation: We have defended a wide range of clients, from everyday San Diego residents to high-profile individuals, including politicians, professional athletes, police officers, and CEOs of Fortune 10 companies.

Call The Law Offices of Casey & Angelos today at (619) 930-5490 to speak with a San Diego marijuana DUI attorney about your case during an initial consultation.

Hear From Our Attorneys About Marijuana DUI Defense in California

Attorney Cole Casey and Attorney Lauren Angelos recently sat down for an in-depth podcast conversation covering the realities of marijuana DUI charges in California. Watch the video below for an informative look at this complex area of DUI law, straight from the attorneys who handle these cases every day.

California Laws About Marijuana Use & Driving

California law takes a firm stance on driving under the influence of marijuana, regardless of whether your use was recreational or medicinal.

• CA Vehicle Code Section 23152(f): The primary statute governing marijuana DUI charges is California Vehicle Code Section 23152(f), which makes it unlawful for any person to drive a vehicle while under the influence of any drug, including cannabis.
• CA Vehicle Code Section 23152(g): A separate provision, Vehicle Code Section 23152(g), addresses situations where a driver is under the combined influence of alcohol and any drug, which applies to cases where both alcohol and marijuana are involved.

It is important to understand that California does not set a legal per se limit for THC, the psychoactive compound in marijuana, the way it does for blood alcohol concentration. There is no "legal limit" you can point to as proof that you were not impaired. Instead, prosecutors must demonstrate that the drug actually impaired your ability to drive safely, which introduces a layer of subjectivity into these cases that a knowledgeable marijuana DUI attorney can challenge.

Additionally, California Health and Safety Code Section 11362.45 makes clear that Proposition 64, which legalized recreational marijuana use for adults, does not protect drivers from DUI prosecution. Legal use of marijuana does not equal legal driving after using marijuana.

Challenging the Evidence in Your San Diego Marijuana DUI Case

A marijuana DUI charge is not a conviction, and the evidence against you is not necessarily as solid as the prosecution may want you to believe. Because there is no standardized, scientifically validated roadside test for marijuana impairment equivalent to the breathalyzer used in alcohol DUI cases, the evidence in these cases is often built on observations, field sobriety tests, and blood test results, all of which carry vulnerabilities. At The Law Offices of Casey & Angelos, we take a thorough and methodical approach to examining every piece of evidence the prosecution intends to use against you, looking for weaknesses, procedural errors, and scientific shortcomings that could work in your favor.

Evidence we examine and the potential challenges we may raise in your marijuana DUI case could include:

• Field sobriety test results: Standardized field sobriety tests were developed and validated for alcohol impairment, not marijuana. Their reliability in detecting cannabis impairment is scientifically questionable.
• Officer observations: Subjective observations, such as red eyes, slow speech, or the odor of marijuana, do not necessarily prove impairment.
• Blood test procedures and chain of custody: Blood draws must follow strict protocols. We review whether your blood was drawn by a qualified professional, whether the sample was properly stored and handled, and whether the chain of custody was maintained without interruption.
• THC levels in blood results: The presence of THC in your blood does not automatically prove you were impaired at the time of driving. We examine what compounds were detected, such as active THC versus inactive metabolites, and challenge any overreach in how those results are interpreted.
• Drug Recognition Evaluator (DRE) procedures: If a Drug Recognition Evaluator was involved in your arrest, we review whether the evaluation was conducted in full compliance with established protocols and whether the evaluator's conclusions were scientifically sound.

Plea Deal Options in a Marijuana DUI Case

Not every marijuana DUI case is best resolved at trial, and we believe you deserve honest, straightforward counsel about all your options, including the possibility of a plea agreement. If the prosecution's evidence against you is strong, pursuing a plea deal may point toward a fairer outcome than taking your chances at trial. Our San Diego cannabis DUI lawyers will never pressure you toward any particular path. The decision is always yours. But because of our extensive experience handling marijuana DUI cases, we are well-positioned to evaluate the strength of the evidence against you and give you a candid assessment of whether a negotiated resolution could be less risky.

A plea negotiation in a marijuana DUI case may potentially achieve:

• A reduction of the DUI charge to a lesser offense, such as reckless driving (sometimes referred to as a "wet reckless"), which carries fewer long-term consequences.
• Reduced jail time or the substitution of jail time with alternative sentencing options such as community service or a work release program.
• A shorter or modified probation period with terms that are more manageable for your lifestyle and obligations.
• Reduced fines and fees, or a payment structure that lessens the immediate financial burden.
• Preservation of your driving privileges, or a faster path to reinstating them through the DMV process.
• A negotiated outcome that limits the impact on your professional licenses, security clearances, or immigration status, where applicable.

Penalties for a Marijuana DUI Conviction in California

If you are convicted of a marijuana DUI in California, the penalties can be serious, even for a first-time offense. Under California Vehicle Code Section 23536, a first-time DUI conviction carries consequences that can significantly disrupt your life. It is important to understand not only what a first offense may bring, but also how quickly those penalties can escalate if aggravating factors are present or if you have prior DUI convictions on your record.

Penalties for a first-time marijuana DUI conviction in California may include:

• Informal probation for a period of 3 to 5 years
• Minimum of 96 hours and up to 6 months in county jail
• Fines and penalty assessments that can total well over $1,000 when all fees are calculated
• Suspension of your driver's license for 6 months by the California DMV
• Mandatory completion of a DUI education program
• Installation of an ignition interlock device (IID) on your vehicle, depending on the county and the specifics of your case

Penalties can escalate significantly under the following circumstances:

• Prior DUI convictions: A second DUI within 10 years carries a mandatory minimum of 96 hours in jail and up to 1 year, a longer license suspension, and a longer DUI education program requirement. A third offense can be classified as a misdemeanor but carries up to one year in jail, a 30-month education program, and a longer revocation period. A fourth or subsequent DUI within 10 years can be charged as a felony under Vehicle Code Section 23550.
• DUI causing injury: If your marijuana DUI involved an accident in which another person was injured, you may be charged under Vehicle Code Section 23153, which can be filed as a felony, carrying a state prison sentence and additional penalty enhancements for each injured victim.
• Minor in the vehicle: Having a passenger under the age of 14 in the vehicle at the time of a DUI is an aggravating factor under Vehicle Code Section 23572, which adds mandatory additional jail time to your sentence.
• Excessive speed: Driving 30 mph over the speed limit on a freeway or 20 mph over on any other road while under the influence triggers a mandatory 60-day jail enhancement under Vehicle Code Section 23582.

FAQs About Marijuana DUI Charges in San Diego

Why does having a medical marijuana recommendation not allow you to legally drive after using marijuana?

A medical marijuana recommendation gives you the legal right to possess and use cannabis for qualifying health conditions, but it does not give you the right to drive while impaired. California Vehicle Code Section 23152(f) applies to all drivers equally, regardless of whether their marijuana use was recreational or medically authorized. The law prohibits driving while impaired by any drug, and a doctor's recommendation does not create an exemption from that prohibition.

What is the difference between active THC and metabolites in your system?

Active THC (delta-9-tetrahydrocannabinol) is the psychoactive compound in marijuana that produces impairment. It enters the bloodstream quickly after use and is responsible for the "high" associated with cannabis. Metabolites, on the other hand, are the byproducts your body produces as it breaks down THC. They are not psychoactive and do not indicate current impairment, only that you used marijuana at some point in the past.

How long can cannabis stay in your body, even if you don’t feel high?

Cannabis compounds can remain detectable in your system for a surprisingly long time after the impairing effects have completely worn off. For occasional users, THC metabolites may be detectable in blood or urine for several days. For regular or heavy users, metabolites can remain detectable for several weeks.

How do officers determine impairment without a breathalyzer equivalent for marijuana?

Unlike alcohol, there is no roadside device that reliably measures marijuana impairment in real time. Officers typically rely on a combination of observations, such as your driving behavior, physical appearance, speech, and performance on field sobriety tests, to build a case for impairment. If impairment is suspected, a blood test may be requested to detect the presence of THC.

What is the role of Drug Recognition Evaluators in marijuana DUI arrests and cases?

A Drug Recognition Evaluator (DRE) is a law enforcement officer who has received specialized training to identify signs of drug impairment in drivers. If the arresting officer suspects marijuana use, a DRE may be called to conduct a structured, multi-step evaluation that examines physical indicators such as pupil size, muscle tone, pulse rate, and other signs associated with specific categories of drugs.

Contact a San Diego Marijuana DUI Attorney Today

A marijuana DUI arrest is serious, and the time to act is now. The sooner you have knowledgeable legal counsel in your corner, the sooner you can fight to defend yourself and your driving privileges. Come to The Law Offices of Casey & Angelos, where we have spent decades building a practice devoted entirely to DUI defense in San Diego. We’re ready to bring that depth of knowledge to your marijuana DUI case, just as we have for countless others throughout the years!

Call us now at (619) 930-5490 and request your initial case evaluation to see how we can defend you.