Although California legalized the recreational use of cannabis, also known as marijuana, for adults 21 and over, the state still has certain restrictions about the use of the substance.
One such restriction involves driving while under the influence (DUI) of marijuana. It’s still illegal in the state to operate any motor vehicle while impaired by cannabis or any other intoxicating drug.
What happens if you’re arrested for driving while high? What exactly do police officers look for when determining whether you’re driving under the influence of marijuana? Which punishments can you expect on conviction for cannabis-related DUI?
Driving under the influence rules on marijuana
According to California law, it’s unlawful for anyone to drive a vehicle while under the influence of alcohol or any drugs (both illegal and with an accepted medical use). This definition can include marijuana, both the recreational and medical kinds.
State law additionally points out that it’s illegal for a person addicted to the use of any drug to drive. Cannabis may have a very low chance of inducing substance dependence, but the risk is still there, and it could lead to DUI charges.
Are there legal limits for cannabis?
Unlike alcohol, where there’s a legal blood alcohol concentration limit of .08% until a driver can face DUI charges, there’s no such limit for marijuana use. During a traffic stop, officers will instead look for several signs and indicators to determine if a driver is sufficiently under the influence of cannabis. These signs include:
- Bloodshot or watery eyes
- Dilated pupils
- Impaired coordination and balance
- Slurred speech
- The scent of marijuana on the person
Officers may conduct field sobriety tests to detect these signs. In addition, officers may also use blood or urine chemical tests to figure out if the person has any trace of cannabis in their system. The presence of marijuana in the body may not be enough to prove impairment, but it can still be used as evidence in court against the driver.
The penalties for marijuana DUI
The penalties for driving under the influence of marijuana are the same as an alcohol DUI in California. This means that a first offense can lead to up to six months in jail and $1,000 in fines on conviction. The court will also suspend the offender’s license. These penalties increase if the driver has a history of driving while intoxicated.
While marijuana is recreationally legal, it remains against the law to drive under its impairing influence in California. Doing so can lead to DUI charges, fines, jail time and loss of your driving privileges. Legal counsel may be helpful for your case, especially if you’re faced with potential jail time.