Marijuana DUI Lawyer - Protect Your License and Your Future
If you've been arrested for driving under the influence of marijuana in California, it's critical to act fast. California's marijuana DUI laws are complex - and the consequences can be just as severe as those for alcohol-related DUIs. A skilled California DUI lawyer can make all the difference in protecting your driver's license, your record, and your livelihood through coordinated DMV hearings, license restoration plans, and rapid consultations.
At Walia Law Firm, our Bay Area DUI defense attorneys have over 20 years of experience defending clients in marijuana DUI cases, including commercial and professional drivers. We understand how law enforcement builds these cases - and more importantly, how to challenge them.
What Is a Marijuana DUI in California?
Under California Vehicle Code § 23152(f), it is illegal to drive "under the influence of any drug." That includes marijuana - even if it was legally obtained or used for medical purposes.
Unlike alcohol, there is no legal limit for THC in the bloodstream. This makes marijuana DUI cases much more subjective, often relying on officer opinion, roadside tests, and questionable lab results.
To convict you of a marijuana DUI, prosecutors must prove that:
- You drove a vehicle, and
- You were impaired to the extent that you could not drive safely.
Common Scenarios Leading to Marijuana DUI Arrests
- Traffic stops for minor violations like drifting or slow driving
- Field sobriety tests (FSTs) administered incorrectly or under poor conditions
- Drug recognition expert (DRE) evaluations based on subjective observation
- Blood or urine tests showing the presence of THC - even when you weren't impaired
- Post-accident investigations involving drivers who legally used cannabis
Penalties for Marijuana DUI in California
Even though cannabis is legal in California, driving under its influence can lead to severe criminal and administrative penalties.
For a first-offense marijuana DUI:
- Up to 6 months in county jail
- $390–$1,000 in fines (plus court fees and assessments)
- 6-month driver's license suspension (via the DMV and court)
- 3 to 9 months of DUI school
- 3 years of informal probation
For repeat offenders or commercial drivers:
- Longer jail terms
- Multi-year license suspensions
- Mandatory ignition interlock device (IID)
- Employment consequences for truck drivers, rideshare drivers, or commercial license holders (CDL)
DMV License Suspension After a Marijuana DUI
In California, the DMV conducts a separate administrative hearing to determine if your license should be suspended. You only have 10 days from your arrest to request this hearing.
Failure to act quickly means your license will be automatically suspended - even before your court case starts. Our California DUI lawyers handle both your criminal defense and DMV representation, ensuring that every aspect of your case is covered.
How We Defend Marijuana DUI Cases
Each marijuana DUI case is unique, but our defense strategies often include:
- Challenging the legality of the stop or arrest
- Questioning the reliability of field sobriety and DRE evaluations
- Disputing toxicology evidence and lab testing methods
- Highlighting the difference between THC presence and actual impairment
- Filing motions to suppress illegally obtained evidence
Because THC can stay in your system for days or weeks after use, a positive test does not necessarily mean you were impaired. Our DUI defense attorneys in California use expert toxicologists and cross-examination techniques to make that clear in court.
Medical Marijuana and DUI in California
Even if you have a medical marijuana card, you can still be charged with a DUI if officers believe you were "under the influence." However, having a legitimate medical prescription can support your defense by showing lawful use and lack of intent to drive impaired.
What To Do After a Marijuana DUI Arrest
- Do not discuss your case with police without your attorney.
- Request a DMV hearing within 10 days to protect your license—follow the steps in our DMV deadline guide.
- Gather evidence - receipts, medical marijuana documentation, or witness statements.
- Contact an experienced California DUI lawyer immediately. Schedule a free case evaluation so we can deploy experts early.
Time is critical. The sooner you get a DUI attorney near you, the more options you'll have for dismissal or reduction of charges.
Why Choose Walia Law Firm
- 20+ years of criminal defense and DUI experience
- Deep knowledge of California drug and traffic laws
- Proven success in marijuana DUI, commercial DUI, and multi-substance cases
- Personalized defense strategies for professionals, students, and CDL drivers
- Offices serving clients across the Bay Area - including San Jose, Fremont, Oakland, San Francisco, and surrounding cities
When your license, reputation, and freedom are on the line, you need an attorney who knows how to win. Our California marijuana DUI defense team will fight aggressively to protect your rights and your future.
Areas We Serve
Counties: Alameda, Santa Clara, Contra Costa, San Mateo, San Francisco
Cities: Fremont, Oakland, San Jose, Hayward, Redwood City, Pleasanton, Walnut Creek, and surrounding areas.
