Marijuana DUI Defense Lawyers in Los Angeles County

California legalized marijuana but driving under its influence remains a serious criminal offense. A marijuana DUI charge in Los Angeles carries the same weight as an alcohol DUI, and the consequences can follow you for years: jail time, license suspension, heavy fines, and a criminal record that can create long-term consequences. If you or a loved one has been arrested for a marijuana DUI in Los Angeles County or the surrounding areas, getting experienced legal representation quickly is critical.

At the DUI Defense Group, we focus exclusively on DUI and driving-related defense throughout Southern California. Our team doesn’t dabble in other practice areas. We live and breathe DUI cases and that singular focus gives our clients a meaningful advantage.

What Is a Marijuana DUI in California?

A marijuana DUI occurs when someone operates a vehicle while under the influence of cannabis to the point that their ability to drive safely is impaired. This applies whether the marijuana was used recreationally or medically. California law does not provide an exception for driving while impaired.

Under California Vehicle Code § 23152(e), it is unlawful to drive under the influence of any drug, including marijuana. Importantly, you do not need to have caused an accident or been speeding for prosecutors to file charges. They only need to demonstrate that you were operating a motor vehicle while impaired.

The THC Impairment Problem

Unlike alcohol DUI cases, where a blood alcohol content (BAC) of 0.08% or higher creates a legal presumption of impairment, there is no equivalent THC threshold under California law.

No specific level of THC in your bloodstream automatically proves you were impaired. This creates a more complex legal situation for both prosecutors and defendants. THC blood and urine testing can present challenges when evaluating impairment because marijuana metabolites may remain in the body long after use.

A positive test result does not necessarily establish that a driver was impaired at the time of operation. Because of this, California prosecutors must rely on other evidence to establish impairment, which opens the door to effective legal challenges.

How Do Prosecutors Establish Impairment in a Marijuana DUI Case?

Since chemical testing alone is rarely sufficient to prove a marijuana DUI, prosecutors in Los Angeles County typically build their case around physical observations made at the time of the traffic stop. This is where a skilled DUI attorney can make a significant difference scrutinizing every piece of that evidence.

Drug Recognition Experts (DREs)

Law enforcement often relies on officers trained as Drug Recognition Experts (DREs) to evaluate suspected impaired drivers. A DRE follows a structured 12-step evaluation protocol designed to identify drug impairment, and their testimony frequently forms the backbone of a marijuana DUI case.

Common physical evidence cited in marijuana DUI prosecutions includes:

• Dilated or bloodshot eyes

• Odor of marijuana on the person or in the vehicle

• Presence of marijuana or paraphernalia in the car

• Erratic or unsafe driving patterns

• Failure of field sobriety tests

• Slowed reaction time or incoherent speech

• Elevated heart rate or breathing

Our team understands exactly how DREs are trained, what protocols they follow, and where those evaluations commonly fall short. That knowledge is a direct asset in your defense.

Is a Marijuana DUI a Misdemeanor or a Felony?

Most first-time marijuana DUI arrests in Los Angeles are charged as misdemeanors. However, the charge can be elevated to a felony under certain circumstances, specifically, if the incident caused serious injury or death, or under other circumstances that may support felony allegations under California law.

If you’re facing a second offense DUI or third offense DUI, the stakes increase considerably. Felony DUI convictions carry more severe penalties and can result in the loss of additional civil rights after release. Even a misdemeanor conviction creates a permanent criminal record that can affect employment, housing, and professional licensing.

What Are the Consequences of a Marijuana DUI Conviction?

The potential penalties for a marijuana DUI in Los Angeles County vary depending on your prior record and the specific circumstances of your case. Here is a general overview:

First Conviction

A first-time marijuana DUI conviction typically carries 96 hours to six months in county jail, a fine of up to $1,000 (which increases substantially with penalties and assessments), and a driver’s license suspension of up to six months. You may also be required to install an ignition interlock device upon reinstatement and complete a DUI education program.

Second Conviction

A second conviction within the applicable California lookback period can result in up to one year in jail, fines, and a license suspension of up to two years. An ignition interlock device will likely be required as a condition of reinstatement.

Third and Subsequent Convictions

A third offense DUI within California’s applicable lookback period carries up to one year in jail and the real possibility of license revocation rather than suspension.

If you’ve already been through this once, you know how disruptive these penalties can be. Multiple prior DUI convictions can substantially increase the severity of penalties and may result in felony treatment under California law.

Additional Consequences

Beyond the criminal penalties, a marijuana DUI conviction can trigger a DMV administrative action that is handled separately from your criminal case. You typically have only 10 days after your arrest to request a DMV hearing. Missing that window can result in an automatic license suspension. Our team handles both the court and DMV sides of your case simultaneously.

How Do You Defend Against a Marijuana DUI Charge?

Being charged is not the same as being convicted. A marijuana DUI is one of the more legally defensible DUI charges precisely because the science is unsettled and the evidence is often subjective. There are several legitimate defense strategies that an experienced Los Angeles DUI attorney can pursue on your behalf.

Lack of Probable Cause for the Traffic Stop

Every valid DUI investigation begins with a lawful traffic stop. If law enforcement did not have a reasonable, articulable reason to pull you over such as a traffic violation or observable erratic driving, the stop itself may be constitutionally defective. A motion to suppress the evidence gathered during an unlawful stop can result in a case dismissal.

Challenging the DRE Evaluation

DRE evaluations are not infallible. The 12-step protocol leaves room for officer error, subjective interpretation, and procedural deviation. We will scrutinize the arresting officer’s qualifications, training, and adherence to protocol at every step.

Attacking the Chemical Test Results

Blood and urine tests in marijuana cases are conducted by crime lab technicians, but those tests are known to produce unreliable results.

We can challenge chain of custody, lab handling procedures, and the accuracy of the testing equipment itself. Dewayne Beckner, our court-recognized blood alcohol expert and former supervisor of the LA Sheriff’s crime lab, brings unmatched insight to this analysis.

Demonstrating No Actual Impairment

Even if THC is present in your bloodstream, that alone does not prove you were impaired at the time of driving. We can present evidence of your tolerance, the timing of use, your driving record, and other contextual factors that undermine the prosecution’s impairment narrative.

Lack of Reasonable Suspicion for Arrest

Even after a lawful stop, law enforcement must have independent, reasonable suspicion that you were impaired before placing you under arrest. We will question whether that threshold was genuinely met in your case.

Related Charges to Be Aware Of

A marijuana DUI arrest sometimes comes alongside other charges or complications worth understanding.

If you were also driving with a commercial license, the consequences under a CDL DUI are significantly more severe.

If there was an accident involved, you may also face hit-and-run defense issues. For cases involving prescription medications in addition to marijuana, a prescription drug DUI charge may apply. And if the driver is under 21, the penalties under underage DUI laws are especially harsh.

Your Los Angeles Marijuana DUI Defense Team

DUI Defense Group combines prosecutorial, judicial, and scientific experience to defend DUI cases throughout Southern California.

Lead attorney Rob Samudrala, former DUI judge Robert Granieri, and court-recognized expert Dewayne Beckner bring experience from multiple sides of the legal process, providing valuable insight into how DUI cases are investigated and challenged.

Marijuana DUI cases frequently involve questions surrounding impairment, chemical testing, and subjective observations. Our team carefully examines those issues to identify weaknesses in the evidence and build a stronger defense strategy.

Speak With a Marijuana DUI Attorney in Los Angeles Today

A marijuana DUI charge is serious, but it is not the end of the road. With the right legal strategy, there may be opportunities to challenge evidence and pursue favorable outcomes depending on the circumstances of your case. Don’t navigate the criminal justice system alone, and don’t assume a positive THC test means you have no options.

The DUI Defense Group offers a free consultation to discuss your case, explain your rights, and outline what a realistic defense strategy might look like. Call us today at 866-876-6859. We handle cases throughout Los Angeles County and surrounding areas in Southern California.