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DUI for marijuana in California

By Walin & Klarich

Driving under the influence: It is unlawful to drive a motor vehicle while under the influence of marijuana (or alcohol or any other drug, whether it is prescribed, recommended or illegal) by Vehicle Code 23152. "Under the influence" is defined as a result of taking a drug, the person? s mental or physical abilities are so impaired that the person is no longer able to drive a motor vehicle with the caution of a sober person, using ordinary care, under similar circumstances. Therefore the mere fact of having taken a hit of marijuana does not necessarily mean one?s level of impairment is to the level of a DUI. For evidence of impairment, officers may request the driver of the vehicle perform field sobriety tests, including a Preliminary alcohol screening test...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 05, 2011 (boomark / email).