By a margin of approximately 56% to 44%, California voters approved Proposition 64 making recreational marijuana use legal. The legalization of marijuana will have absolutely no impact on California DUI laws. It is still illegal to drive a motor vehicle if your ability to drive is impaired by alcohol or drugs, including legal ones. The fact that recreational marijuana is legal does not mean you can drive while high. In contrast, police officers are going to be looking more closely for high drivers since they believe marijuana will be more accessible to people and, therefore, more people will use marijuana and drive after consuming it.
Unfortunately, one of the effects of this heightened awareness of potential marijuana DUI drivers is that some drivers will be arrested when in fact they were not under the influence. They may simply have the smell of marijuana on them or be in possession of marijuana which can lead police officers to reach the wrong conclusion. Remember just because you have been arrested for marijuana DUI does not mean that the case can be proven against you in court. Prosecutors face a number of problems proving a person is guilty of DUI of marijuana since blood tests cannot prove when you consumed marijuana, just that you did at some point in time. Our Marijuana DUI page provides more information about marijuana DUI investigations. It is much more difficult to prove a person is under the influence of marijuana than it is to prove that they are under the influence of alcohol. If you have been arrested on suspicion of driving under the influence of marijuana or other drugs, CONTACT Los Angeles DUI lawyer Robert D. Berglund today for a free and confidential consultation.