“Stoned Driving” Is Marijuana-Impaired Driving illegal in California? DUI Marijuana in California.

DUI Marijuana in California. If your mental abilities are impaired by marijuana, then technically you are not operating a vehicle using the ordinary care of a person who is sober. In this instance, this would then be a violation of California Vehicle Code 23152(e).

Under California Vehicle Code 23152(e), it is not lawful for a person to drive a vehicle under the influence of ANY drug. But here is what’s interesting, marijuana is legal in California since prop 64 was passed. So then how does it fit squarely within the definition of a “drug?” This is the current legal debate.

Moreover, Marijuana-Impaired Driving is being intensely researched and studied. The debate is whether marijuana impairs driving, similar to alcohol and should therefore be given the same treatment and consequences –which it is at this point; or should marijuana not be given the same treatment as alcohol, as studies may suggest is has a different effect on the body and brain, when compared to alcohol.

This is the current debate.

Just note for your own knowledge, that if you are pulled over for bad driving or “stoned driving” right now under the law, you will suffer consequences akin to an alcohol related DUI.

Comments

VC 14601.1(a). Driving on Suspended License (DUI) Consequences in California

VC 14601.1(a) Driving on a Suspended License . The majority of people convicted of a DUI offense in California will have to suffer a California Driver’s License Suspension. After said suspension, a person may very well still drive and ignore the license suspension law. If caught, a ticket will be issued for violation of California Vehicle Code 14601.1(a). This is essentially a traffic ticket that can be charged as a misdemeanor or an infraction. If it is charged as an infraction, the court hearing will be held in Traffic Court. However, if the case is charged as a misdemeanor the case will be prosecuted by the District Attorney in Criminal Court. To add, this violation usually will add 2 points to your DMV record.

Blood Alcohol Level Chart in California. Learn How Many Drinks You Can Actually Have!

In California it is illegal to drive with your blood alcohol content being over at .08% or higher. *Remember the BAC for commercial vehicle drivers and under age drivers is much less. For the former it's .04% and for the latter it's .01%. Please reference the table below to provide an estimate for you to learn more about how many drinks you can legally have before driving in California. *Chart is provided by the California Driver’s Safety Office of the DMV.

What to Except at Your First Court Date in California | DUI

If you are arrested for a crime, specifically a DUI in California, you will have your driver’s license taken and you will be issued a pink temporary driver’s license. You will also be issued a citation with a court date. This court date is your Arraignment Date in Superior Court which is your first court appearance. At this court hearing, you will be notified or “arraigned” of the charges that the District Attorney decides to file against you. This is important because the charges may be different than what you were originally cited for. For example, you may have been cited for a DUI, but in court you could be arraigned for VC 23152(a) Driving under the Influence; VC 23152(b) BAC over .08, and VC 23578 -Excessive blood Alcohol Level (if your BAC was really high); or VC 23578 –Refusal to submit to a Chemical Test. Typically, your first appearance can be very nerve-racking. However, you should keep in mind that your actual case will only take a few minutes once t...

Daily DUI Blog | California

Search This Blog