Being Caught Driving On Cannabis
Marijuana and the impairments of being under the influence while driving are quite obvious. A police office who suspects that you are under the influence will call a Drug Recognition Evaluator onto the scene to assist him. There are specific training programs that DRE’s go through to determine whether or not an individual is impaired by Marijuana. These signs can be but are not limited to dilated pupils, elevated pulse, elevated blood pressure, giving off the odor of marijuana, tremors, unusually dry mouth and short term memory loss (unable to remember or recite simple directives). If the signs are evident to the DRE that you are under the influence of marijuana, you will then be arrested on suspicion of DUID, at the police station you may be given a urinalysis or a blood test, and the DRE will testify his findings at your trial. .
Consequences for DUI of Marijuana
The punishments from being convicted of driving under the influence of Marijuana vary greatly. The severity of the punishment depends various things including the details of the case, your criminal history, and even the county you were arrested in. If you are a first time offender, you could receive three to five years of probation (probation would consist of consistent drug testing), up to a year in jail (not very common, but depending on the county you may be seeing a few days to a few weeks of community service instead of jail time), fees and fines that may total up to around $2,000 (the fines increase periodically), a 12 week DUI class and your California driver’s license being suspended for six months.
If you are convicted a second time, you will most likely get several days of actual jail time, much higher fees and fines, and several DUI classes that will vary at length. Consecutive offenses basically will increase your punishments and you may even be charged with felonies depending on the semantics, which carry possible state prison sentences.
Suspicion and Being Pulled Over
If you are stopped by an officer, and you believe the police officer may suspect you of driving under the influence of marijuana, you should be calm and compliant, do not make any incriminating statements or admission, and wait until you post bail, are released from the jail, and are given your court date to being building your case. After which, without hesitation contact a good DUI lawyer who actively works within the jurisdiction where you were arrested. In the state of California, state law dictates you have just ten days to schedule a hearing with the DMV to determine whether your license should be suspended. You may decide to not contact the DMV, but that is not advisable, because if you do not request the hearing within 10 days of your arrest, your license will be suspended, and you will have to pay even more fines to get it back.