Driving under the influence of marijuana in California can lead to serious legal consequences. Many people assume that because marijuana is legal for recreational and medical use, it won’t impact their ability to drive legally. However, California law treats marijuana impairment the same as alcohol impairment. Understanding how police determine impairment and the penalties involved can help you make informed decisions before getting behind the wheel.
How California defines marijuana DUI
California Vehicle Code § 23152(f) states that driving under the influence of drugs, including marijuana, is illegal. Unlike alcohol DUIs, where a 0.08% BAC limit applies, there is no set THC limit to determine impairment. Instead, officers rely on observations, field sobriety tests, and drug recognition experts (DREs) to assess whether a driver is impaired.
How police determine marijuana impairment
Police officers look for signs such as delayed reactions, bloodshot eyes, and poor coordination. If they suspect impairment, they may conduct field sobriety tests. A DRE may be called to perform additional evaluations. If officers believe impairment is present, they may request a blood or urine test. However, THC can remain in the body long after use, making these tests unreliable in proving real-time impairment.
Penalties for a marijuana DUI
A first-time offense can result in fines, license suspension, probation, and mandatory DUI education programs. Repeat offenses carry harsher penalties, including longer license suspensions and potential jail time. Penalties increase if an accident occurs while driving under the influence of marijuana.
How to avoid a marijuana DUI
The best way to avoid a DUI is to wait several hours after consuming marijuana before driving. Effects vary based on the method of consumption, tolerance, and dosage. If unsure whether you are impaired, use a rideshare service or have a designated driver.
California takes marijuana DUIs seriously. Even without a clear THC limit, law enforcement uses multiple factors to assess impairment. Being aware of the risks can help you stay safe and avoid legal trouble.