What is the Liability for Driving Under the Influence of Marijuana?
California boasts a progressive history with marijuana laws, from pioneering medical marijuana legislation to the more recent Adult Use of Marijuana Act (AUMA), which legalizes recreational use for adults. However, driving under the influence (DUI) of marijuana remains a serious offense in California, carrying significant criminal penalties and civil liability. This comprehensive guide explores the legal consequences of a marijuana DUI in California, focusing on both criminal charges and your right to compensation if you’re injured by an impaired driver.
California’s Marijuana DUI Laws – Know Your Rights and Risks
Understanding California’s specific laws regarding marijuana and driving is crucial. Misconceptions are common, so let’s clarify the key points:
- DUI Applies to Marijuana: California Vehicle Code 23152(f) explicitly prohibits driving under the influence of any drug, including marijuana.
- Medical Marijuana is NOT a Defense: Possessing a medical marijuana card does not exempt you from DUI laws. Impairment is the determining factor.
- Impairment is Key: The prosecution must prove you were impaired by marijuana while driving, not simply that you had consumed it at some point.
- No Legal THC Limit: Unlike alcohol, there’s no per se legal limit for THC (tetrahydrocannabinol, the psychoactive component of marijuana) in your bloodstream. This makes proving impairment more nuanced.
- Addiction Can Lead to DUI: California Vehicle Code 23152(c) also prohibits driving while addicted to any drug (excluding participation in approved treatment programs). This addresses situations where a person’s tolerance or dependence significantly affects their driving ability.
Criminal Penalties for a Marijuana DUI in California
A marijuana DUI conviction in California carries escalating penalties depending on prior offenses:
- First Offense: Up to 6 months in jail, fines ranging from $390 to $1,000 (plus substantial penalty assessments), a 6-10 month driver’s license suspension, and mandatory DUI education programs.
- Second Offense (within 10 years): Increased jail time (90 days to 1 year), higher fines, a longer license suspension (up to 2 years), and more extensive DUI programs.
- Third Offense (within 10 years): Further increased penalties, including mandatory minimum jail time (120 days to 1 year), significant fines, and a 3-year license revocation.
- Fourth or Subsequent Offense (within 10 years): Can be charged as a felony, potentially leading to state prison time, substantial fines, and a 4-year license revocation.
- Marijuana DUI with Injury: If a driver under the influence of marijuana causes an injury, the DUI can be charged as a felony, leading to significantly harsher penalties.
Civil Liability for Marijuana DUI Accidents – Your Right to Compensation
Beyond criminal charges, a separate legal avenue exists: civil liability. If you’re injured in an accident caused by a driver impaired by marijuana, you have the right to sue them for damages. This is crucial for recovering the costs and losses associated with the accident and rebuilding your life.
You can seek compensation for:
- Medical Expenses: All current and future medical bills related to the accident, including hospitalization, surgery, medication, and rehabilitation.
- Lost Wages: Income lost due to your inability to work, both present and future earning capacity.
- Vehicle Repairs/Replacement: Costs to repair or replace your damaged vehicle.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish caused by the accident.
- Other Damages: This may include costs for long-term care, therapy, assistive devices, and other accident-related expenses.
Proving Impairment in a Marijuana DUI Case: Challenges and Strategies
Establishing impairment due to marijuana is more complex than with alcohol due to the absence of a per se THC limit. However, several key pieces of evidence can be used to prove impairment in a civil case:
- Police Observations: The arresting officer’s observations are paramount. This includes:
- Driving Behavior: Erratic driving, weaving, speeding, slow driving, failure to obey traffic signals, or any other unsafe driving maneuvers.
- Physical Appearance: Red or watery eyes, dilated pupils, the odor of marijuana, slow or slurred speech, and impaired coordination or balance.
- Field Sobriety Tests (FSTs): Performance on standardized tests (e.g., walk-and-turn, one-leg stand, horizontal gaze nystagmus) designed to assess impairment. Although primarily used for alcohol, these tests can still provide evidence of impairment from other substances.
- Drug Recognition Expert (DRE) Testimony: If a DRE (an officer specifically trained to identify drug impairment) was involved, their expert testimony can be highly influential.
- Toxicology Reports: Blood tests can reveal the presence of THC and its metabolites. However, the interpretation of these results is crucial. The mere presence of THC doesn’t automatically equate to impairment. An expert witness (a toxicologist) may be needed to explain the levels and their likely effect on the driver’s abilities at the time of the accident.
- Witness Testimony: Statements from witnesses who observed the driver’s behavior before, during, or after the accident can provide valuable corroborating evidence.
- Defendant’s Statements: Any admissions by the driver about marijuana use, either to the police or to others, are extremely important.
- Circumstantial Evidence: Possession of marijuana or paraphernalia in the vehicle, recent purchase receipts from a dispensary, or other evidence suggesting recent marijuana use can support the claim.
Even Without Proving DUI, Negligence Can Still Be Proven
It’s important to remember that even if proving marijuana impairment specifically is challenging, proving the driver’s negligence is often still possible. If the driver violated traffic laws (e.g., ran a red light, rear-ended you, failed to yield), that violation, in itself, establishes negligence, regardless of the underlying cause. This is a critical point for accident victims seeking compensation.
After Being Injured by an Impaired Driver, You Need Legal Representation
Someone who is so impaired by marijuana that they cause a car accident is breaking the law in California. However, proving they were impaired and holding them civilly liable (getting money from them) for injuring you can be quite a challenge.
That is why you will want to consult with a California attorney who is experienced with both marijuana DUI cases and car accident liability cases. Your attorney can help you gather the evidence you need to make a solid case against the impaired driver.
Even if you can’t prove the driver was under the influence of marijuana, you can still be able to prove they were at fault for the crash. That alone could be enough for a high-dollar award that helps you move forward with your life after the accident.
Experience a serious car accident?
Check out our Car Accident Page to learn more about how the process works.
We Handle Your Marijuana DUI Accident Claim So You Can Focus on Your Life
After a marijuana DUI accident, contact the attorneys at Sally Morin Personal Injury Lawyers. We handle many areas of traffic law, including accidents that result in injuries from someone driving under the influence of marijuana and other drugs. We believe you should be able to focus on recovering from your accident while we handle the legal details. We truly care about our fellow California citizens. Get your free online case evaluation.
