Prosecutors can prove marijuana was present in someone's system pretty easily... proving it legally impaired someone's ability to drive is much more difficult.
As with alcohol, California Vehicle Code section 23152(a) outlaws driving under the influence of drugs or medication, imposing penalties that are mostly similar alcoholic DUI. Known as California DUI of Drugs or Medication, this means some drug or medication has so impaired a person's capacity that he cannot drive with the ability or caution of a reasonable sober person.
California DUI of marijuana is unique, however. For example, our Los Angeles DUI Lawyers point out that many studies show that the initial effects of ingesting marijuana include heightened focus and awareness. Because the prosecution can only earn a conviction for California DUI of marijuana by proving legal impairment, this means science may actually be on the defendant's side in these situations.
DUI arrests involving a combination of marijuana and other substances can be more complicated. Prosecutors may argue that a combination of marijuana and alcohol caused legal impairment in a driver even though his or her blood alcohol content was below the legal limit of .08%. However, these situations don't provide prosecutors with open-and-shut cases. Multiple avenues of challenge and advantage may be available to the client.
Being arrested for California DUI of marijuana sends many people into an understandable state of shock and fear because they assume that simply possessing a controlled substance dooms their chances at a successful defense. While the reaction is understandable, the assumption is absolutely wrong. People should never fail to consult with a Los Angeles DUI Lawyer in order to obtain a professional opinion about the possibilities and potential of defending a marijuana-related charge.