You can be charged with DUI marijuana or even legal prescription drugs as long as it can be proven that they were in your system and adversely affected your driving.

Answer Applies to: California
Replied: 10/31/2011

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I presume your asking because you are non-citizen whereby under the influence of marijuana could jeopardize your immigration status. If that is the case, as an attorney that represents non-citizens in criminal and immigration proceedings, an effort should be made to negotiate a safer plea option under immigration laws. However, such an option can only be determined after review of the police report.

Answer Applies to: California
Replied: 10/27/2011

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Yes you can be charged and found guilty or VC 23152(a) - Driving Under the Influence of drugs or alcohol. You will need an attorney to defend you.

Answer Applies to: California
Replied: 10/26/2011

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Yes, you can be convicted of DUI for driving while under the influence of a drug, even a prescription drug, if it impairs your ability to safely operate a motor vehicle. Proof would be based on observed driving, possible blood tests, and other indications (ex. odor of marijuana) of usage.

Answer Applies to: California
Replied: 10/26/2011

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Yes you can be prosecuted for DUI marijuana. It is based on impairment, not a quantative level like alcohol which is .08%. Though quantative analysis will be an issue to address the THC levels. Proof that you were under the influence and impaired is required, not the mere evidence that you use. Use can show up days later, which is generally irrelevant to actual influence and impairment at the time of driving.

Answer Applies to: California
Replied: 10/26/2011

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Yes. It can be proven by blood test. 23152(a) of the vehicle code makes it unlawful to drive under the influence of alcohol AND/OR drugs.

Answer Applies to: California
Replied: 10/26/2011

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Absolutely! Section 23152 (a) of the Vehicle has to do with driving under the influence - it could by NyQuil, prescription medicine, marijuana or anything that impairs your driving. You need an attorney if you have one of these.

Answer Applies to: California
Replied: 10/25/2011

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Under vehicle code 23152(a) you can be found driving under the influence of a drug which includes marijuana. If blood is drawn, then a quantitative analysis will be done to determine how much thc was in your system at the time of driving. Also the field sobriety test will be used to show that you were under the influence.

Answer Applies to: California
Replied: 10/25/2011

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The typical DUI charge includes VC23152A and VC23152B. To be guilty of one of the charges you have to have a blood alcohol content above .08%.You can be convicted of the other charge, however, with a bac below .08%, because it alleges you were driving while under the influence of alcohol, or drugs, or a combination of the two. Testimony from witnesses or the officer's themselves can be sufficient to lead to a conviction. Testimony concerning your behavior at the scene of the arrest. Results of field sobriety tests. Horizontal gaze nistygmas test. Personal observations.

Answer Applies to: California
Replied: 10/25/2011

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Yes, you can be charged with a DUI for driving under the influence of marijuana or any other drug - whether street drugs or even prescription drugs. Proving it is the problem - for the prosecutor. There is no magic "legal limit" like in an alcohol 0.08% DUI. They have to prove that whatever amount in your system was active (not metabolites) and that it impacted your ability to drive safely. Can they charge you? Yes. Will it stick? That all depends on the facts.

Answer Applies to: California
Replied: 10/25/2011

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Yes, you can be charged with VC 23152(a), which is DUI for drugs. However, MJ cases are hard to prove, because there isn't a specific concentration that is deemed to make someone "intoxicated." Also, MJ concentration is hard to prove. You need to get a lawyer for this, however. Trying to defend yourself on a VC 23152(a) case simply won't work.

Answer Applies to: California
Replied: 10/25/2011

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DUI is driving under the influence; this can be alcohol, illegal drugs, or legal drugs. If you are under the influence of a drug your responses to some of the field sobriety test will be different. If you pass the infield breath test and you are arrested for the DUI the officer can have you submit to a urine or blood test.

Answer Applies to: California
Replied: 10/25/2011

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Yes. California Vehicle Code section 23152(a) applies to being under the influence of alcohol and/or other controlled substance. This would include marijuana. Most of the time in these cases, the Defendant is pulled over and the police then discovery marijuana in the vehicle. A blood test is normally administered to test for marijuana. The test results along with the officer's testimony regarding the Defendant's driving (i.e. swerving in his lane, speeding) and the Defendant's appearance can be used to prove their case. Additionally, often they do not even need to administer the blood test if the Defendant made statements at the scene and admitted to being under the influence of marijuana. If you get charged you will need an attorney experienced in defending these cases to evaluate all of your potential defenses.

Answer Applies to: California
Replied: 10/25/2011

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Yes, you can be charged and convicted of driving under the influence of any drug. But it is harder for the prosecution to convict you because they cannot measure how much is in your system. They can only go by the conduct, driving pattern and symptoms.

Answer Applies to: California
Replied: 10/25/2011

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Yes, it is possible under VC 23152(a). If suspected of a dui for marijuana, they will usually have you do a blood test to determine levels of marijuana in your system. There are defenses to this though, even if you tested positive for marijuana, as there is no set level of "impairment" for marijuana DUI, and the levels can stay in your system if you are a chronic smoker, even if you were not under the influence at the time of arrest. You should contact a DUI attorney in your area.

Answer Applies to: California
Replied: 10/25/2011

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Yes - proven with a blood test.

Answer Applies to: California
Replied: 10/25/2011

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Yes, under VC 23152 (a) you can be charged with a DUI for drugs or alcohol. You should defiintely look into hiring an attorney for this.

Answer Applies to: California
Replied: 10/25/2011

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DUI stands for driving while under the influence. The rest of the statute says of alcohol or drugs or the combination of alcohol and drugs. So yes you can.

Answer Applies to: California
Replied: 10/25/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.