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Can You Fight a Marijuana DUI Case?

Posted by Robert Berglund | May 16, 2023

In 2016, by a margin of approximately 56% to 44%, California voters approved Proposition 64 making recreational marijuana use legal.  However, the legalization of marijuana will have absolutely no impact on California DUI laws.  It is still illegal to drive a motor vehicle if your ability to drive is impaired by alcohol or drugs, including legal ones.  The fact that recreational marijuana is legal does not mean you can drive while high.  In contrast, police officers are now looking more closely for high drivers since they marijuana has become more accessible to the public.  

Unfortunately, one of the effects of this heightened awareness of potential marijuana DUI drivers is that some drivers will be arrested when in fact they were not under the influence.  They may simply have the smell of marijuana on them or be in possession of marijuana which can lead police officers to reach the wrong conclusion.  Remember just because you have been arrested for marijuana DUI does not mean that the case can be proven against you in court or that you are actually guilty of DUI.  Prosecutors face a number of problems proving a person is guilty of DUI of marijuana since blood tests cannot prove when you consumed marijuana, just that you did at some point in time.  Our Marijuana DUI page provides more information about marijuana DUI investigations.  It is much more difficult to prove a person is under the influence of marijuana than it is to prove that they are under the influence of alcohol.  If you have been arrested on suspicion of driving under the influence of marijuana or other drugs, CONTACT Los Angeles DUI lawyer Robert D. Berglund today for a free and confidential consultation.

About the Author

Robert Berglund

Attorney Robert D. Berglund is dedicated to handling any and all traffic violations, including traffic infraction tickets, as well as misdemeanor criminal traffic violations, such as driving under the influence (DUI), driving on a suspended license, and reckless driving.


Our office specializes in representing individuals facing traffic violations. We represent our clients in both court and at DMV hearings. Your case will be handled with the personalized attention and expertise that it deserves.

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There is no charge for the phone consultation. Our office specializes in representing individuals facing traffic violations. Attorney Robert D. Berglund will personally speak with you about your case and provide you with an honest analysis. Contact us today.