Marijuana & Drug DUIs

Criminal Defense Lawyers in Bakersfield

Although California State has permitted the use of medical marijuana in many contexts, do not be mistaken and believe that is considered legal to drive while under the influence of the substance. If a drug test reveals that you were operating a vehicle with any detectable trace of marijuana in your system, you could be charged with a DUID that carries penalties similar to a DUI.

A first-time conviction for DUID with marijuana could include the following penalties:

  • Up to 6 months of jail time
  • Up to $1,000 in fines
  • Up to 6 months of driver’s license suspension (after jail)
  • Mandatory ignition interlock device installation

Subsequent convictions will bring heavier penalties and may even constitute a felony. Most convictions will stay on your record for seven years, which sets the lookback period for future sentencing. If you have been arrested for allegedly driving while under the influence of marijuana, you need to take action right away to defend yourself.

Contact Campbell Whitten, where you can retain not one but a whole team of Bakersfield DUI lawyers.

Constructing a Defense to Your Marijuana DUI Charges

After you have been arrested for a suspicion of driving under the influence of marijuana, the prosecution will immediately begin collecting evidence to use against you in court. The arresting officer, for example, will monitor your every move and action from the time you are pulled over to the time you are passed off to headquarters for booking. The scales are tipping out of your favor and you need to act fast to balance them again, and start working on a solid defense against the charges.

Three defenses commonly used in DUI with marijuana charges include:

  1. Necessity: If you use medical marijuana to treat an ailment, it is probably necessary for you to use it frequently, or otherwise suffer undue discomfort or pain. You should not be expected to ignore your own prescription.
  2. Competence: Everyone has their own tolerance for drugs and alcohol, it is simple biology. If the prosecution is claiming that a small percentage of THC – the illicit compound found in marijuana – impaired your driving ability, you may be able to argue that it did not influence you at all.
  3. Unlawful: The police cannot pull over anyone at any time, they need a reason to do so. If you were showing no signs of suspicious driving behavior prior to your arrest, the traffic stop could be deemed unlawful, severely jeopardizing the prosecution’s chances in court.

Reliable Defense Starts with a Phone Call – 661.735.1038

At Campbell Whitten, our Bakersfield criminal defense lawyers are not here to gamble with your future freedoms. In the 10,000+ cases we have handled at our practice, we have always brought our best to the table and fought tenaciously for our clients. Allow us to bring that same dedication and ferocity to your case. Contact us today and schedule a free initial consultation with our team.