marijuana legalization in Alaska, California, Colorado, the District of Columbia,
Maine, Massachusetts, Nevada, Oregon, and Washington, the path toward
legalization appears to be one that many more states – and potentially
the nation – are traveling.
Throughout the country, including California, millions of voters are in
favor of legalizing marijuana. One of the most pressing concerns for law
enforcement and safety advocates; however, is how marijuana legalization
will impact our roadways.
While driving under the influence of marijuana is something that all states
are considering in their conversations about legalization, it has been
a concern for law enforcement for decades. California residents currently
have access to recreational and medical marijuana, and there is certainly
no shortage of pot in the state. Despite this fact, law enforcement officers
and prosecutors still face challenges when charging motorists for marijuana DUIs.
Driving Under the Influence of Drugs
Under California law, driving under the influence of marijuana is illegal
and carries the same penalties as driving under the influence of alcohol.
Being "under the influence" is defined as having consumed a
substance that impairs one's abilities to drive with the caution of a sober person.
This definition as it relates to marijuana, is not as clear cut as with
alcohol intoxication. How can it be determined that a driver is high while behind the wheel?
How do we know that they are too impaired to drive? How do we test for
this impairment? These are the questions that law enforcement agencies
across the country are struggling to answer.
One of the largest concerns is the fact that there are no definitive tests
to prove that a driver is too high to drive. Another problem with marijuana
DUIs is that individuals who use marijuana more frequently have higher
tolerances, and may not be impaired at an arbitrary level determined by
Marijuana DUI Defense
Until government agencies develop and incorporate reliable testing methods
to determine THC levels and enforce marijuana DUI laws, the fact remains
that drivers are still being arrested, prosecuted, and convicted for driving
under the influence of pot. Given the many discrepancies in these cases,
anyone accused of marijuana DUI should be focused on working with an experienced
DUI defense lawyer who can protect their freedom and future by thoroughly evaluating
all circumstances of the
If you were arrested for driving under the influence of marijuana, allow
an Orange County DUI attorney from the
Law Offices of Virginia L. Landry, Inc. to review your case.
Call 877-384-7833 to request a consultation!