Marijuana, Drug or
Prescription Medication DUI
Cannabis and other drug use present different
legal issues than alcohol-related impairment.
Even though use of cannabis is legal in California, what happens if a driver is suspected of being under the influence of these substances at the time of driving?
Investigations of cannabis DUIs may include the use of field sobriety tests (FSTs) to attempt to establish that the suspected driver is impaired to the degree that he or she is unsafe to drive and/or use of a qualified Drug Recognition Expert (DRE). A DRE must have experience and have passed a course.
Scientific studies that establish a standard for impairment exist for alcohol but do not uniformly support a standard of driver impairment due to use of cannabis.
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The issues that may exist in a cannabis and/or suspected prescription and non-prescription drug DUI case depend upon numerous factors, including:
time of use, dose and strength of cannabis/illegal drugs/prescription drugs
when the driver last slept, ate and drank
wether or not medically accepted practices were used
driver’s tolerance levels based on past use
the officer and laboratory’s adherence to laws under Title 17
whether scientific studies support impairment
officer’s observations regarding symptoms of impairment
admissions of use of specific substances by the driver