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Can I be Arrested for Driving While High?

by Salvatore P. Ciulla on July 17, 2014 · 0 comments

in California Law, DUI, Medical Marijuana

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Can I be Arrested for Driving While High?Under California law, it is illegal to operate a motor vehicle while under the influence of any drug, period. The law does not spell out what drugs might be harmful or provide a list of substances that might be fine, like Tylenol or aspirin. This means that any time you get pulled over or get into any kind of accident with any substance in your system, you could receive the same kind of punishments that someone would get for drinking and driving.

Even though medical marijuana use is now legal in California, driving your vehicle while under the influence of marijuana is still illegal, even if you have a prescription for it and obtained it legally.

How does an Officer Prove DUID?

If you are pulled over, and an officer suspects you of DUID, he might ask to search your car or person. If an ounce or less is found on you or in your car while driving, you can be charged under California Vehicle Code 23222, which simply says that you can be charged with a $100 fine.

An officer might also ask you to submit to a blood or urine test. He might also call in a Drug Recognition Expert, which is someone who will observe you and correlate your appearance, behaviors and characteristics to the effects of a certain substance.

With DUID, there is no acceptable limit. There is no level at which it is legal or illegal to drive, which also means there is less concrete evidence. A DRE explaining that a person looked like they were high can be less convincing than a blood test showing a 0.1% BAC; however, the lack of a limit also means that the evidence of any amount present in your system can be damning, even if its insignificant.

The Law Office of Salvatore Ciulla located in Orange County, California, represents individuals accused of murder and manslaughter, aggravated assault, burglary, theft and embezzlement, child abuse and domestic violence, narcotics possession and sales, drunk driving (DUI) and vehicular homicide, sexual assault and three strikes cases. We also take Juvenile Court cases and all misdemeanor offenses.

Our mission is to provide the best legal representation and counsel to all clients. Every client and every case is important. Call us at 714-542-0500 for a free analysis of your case and/or charges, or contact us at SalCiullaLaw.com.

 

 

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