What To Do If You Are Arrested For a Marijuana DUI in Los Angeles

May 24, 2014

Arrested For a Marijuana DUI

Currently, the Los Angeles City Attorney Office and the Los Angeles County District Attorney Office prosecute Marijuana DUI’s with less vigor then they do alcohol related DUI.  If you are arrested for a Marijuana DUI, please call our office at (818) 921 7744 to talk to Los Angeles Marijuana DUI attorney.

Both prosecuting agencies in Greater Los Angeles area are less aggressive in prosecuting Marijuana DUI because the science to support the conviction is simply not there.   Unlike alcohol related DUI, there are no broadly recognized studies that link specific level of marijuana in blood to impairment.  Even more so, prosecuting alcohol related DUI is not linked to impairment; instead, Los Angles DUI prosecutor can rely on statutory (and recognizable throughout the world) level of “per se” impairment, the “.08% statute”, to wit, California Vehicle Code 23152(b), typically charged as count 2 of a Los Angeles DUI complaint.

In February 2014 year, New York Times published an article discussing difficulties in prosecuting marijuana DUI’s.  The authors point out that a 2012 study on influence of THC (active ingredient in marijuana) revealed that only 30% of people who are under the influence of THC fail field sobriety test.  Compare it to 88% of drivers who fail field sobriety tests while under the influence of alcohol.   Another interesting conclusion from New York Times article is that “stoned driving is less dangerous then drunk driving”.

Yet, despite some helpful conclusions for those of us who use marijuana, many scientist believe that any measurable amount of THC will cause a two fold increase in the risk of accidents.  This is troubling statistic until alcohol impairment is considered which at a level of .08 for 20 years old driver increases chances of fatal accident by a factor of 20.  Drivers that are a little older have 9, as oppose to 20 fold increase in risk of a crash.

It is also clear that the statistics for the increased risk of accident is flawed with “stoned driving”.  For example, many Los Angeles prosecutors and police officer will use urine test, an incredibly unreliable way of testing because it measures metabolites and not active substance.  Urine or blood test have to be used for “stoned driving” analysis because THC is not detected in breath.  Most aggressive jurisdictions, like Colorado and Washington, even have limits for criminalizing “stoned driving”  (equivalent to 5 nanograms per milliliter of blood or five parts per billion).  And according to some experts, this level is too high because THC is stored in our fatty tissues and released slowly over times.  Some drivers can be at this level the next day after smoking.

If You Are Arrested For a Marijuana DUI in Los Angeles  your case can be prosecuted very aggressively by special prosecutorial units.  To defend a marijuana DUI, you will need the help of aggressive DUI defense attorney in Los Angeles who also understands the science behind marijuana DUI.  You can find such help by calling our office (818) 921 7744 .

 

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