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