Marijuana DUI Defense in San Jose
Despite marijuana legalization, driving under the influence of cannabis is still illegal in San Jose. Our team defends against complex marijuana DUI charges.
Former Prosecutors Now Fighting For You
- Extensive Santa Clara County Experience
- Former Prosecutor Insights
- Proven Defense Strategies
Cannabis is Legal, But Marijuana DUI is Still a Serious Crime
Despite the legalization of recreational marijuana in California, driving under the influence of cannabis remains illegal and carries the same penalties as alcohol DUI. Law enforcement agencies in San Jose and throughout Santa Clara County have increased their focus on detecting and prosecuting marijuana DUI cases, often using questionable methods and unreliable testing.
Unlike alcohol DUI cases where there's a clear 0.08% BAC standard, marijuana DUI cases are far more complex. There's no established legal limit for THC, and the science behind marijuana impairment testing is still evolving. This complexity creates both challenges and opportunities for defense that require attorneys with specialized knowledge of cannabis pharmacology and testing methods.
Important Legal Distinction
Legal to possess and use: Adults 21+ can legally possess and use marijuana in California.
Illegal to drive impaired: Driving under the influence of marijuana is still a criminal offense with serious consequences.
The Science Problem: Why Marijuana DUI Cases Are Different
No Legal Limit
Unlike alcohol's 0.08% BAC standard, California has no per se limit for THC. Prosecutors must prove actual impairment, not just presence of marijuana.
- • No scientific consensus on impairment levels
- • THC affects people differently
- • Tolerance varies significantly
- • Medical vs. recreational use considerations
Testing Challenges
Current testing methods for marijuana impairment are far less reliable than alcohol testing, creating significant defense opportunities.
- • THC stays in system long after impairment
- • Blood tests don't measure current impairment
- • Urine tests are virtually useless for DUI
- • Oral fluid tests have accuracy issues
How Police Detect Marijuana DUI and How We Challenge It
Drug Recognition Expert (DRE) Evaluations
What Police Look For:
- • Bloodshot, watery eyes
- • Dilated or constricted pupils
- • Lack of convergence in eyes
- • Elevated pulse rate
- • Body and eyelid tremors
- • Time estimation exercises
Our Defense Strategies:
- • Challenge DRE officer training and certification
- • Medical conditions causing similar symptoms
- • Fatigue, stress, or other non-drug causes
- • Improper testing environment
- • Lack of scientific reliability
- • Video evidence contradicting observations
Field Sobriety Tests for Marijuana
Standard field sobriety tests were designed for alcohol impairment and are not scientifically validated for marijuana detection.
Walk-and-Turn
Not validated for marijuana. Many factors can cause poor performance.
One-Leg Stand
Balance issues can be caused by medical conditions, fatigue, or anxiety.
Eye Tests
Nystagmus testing is not reliable for marijuana impairment detection.
Challenging Marijuana Blood and Chemical Tests
THC vs. THC-COOH
Active THC
- • Indicates recent use
- • May suggest impairment
- • Dissipates quickly from blood
- • More relevant to DUI prosecution
Inactive THC-COOH
- • Metabolite, not active THC
- • Can remain for days or weeks
- • Does not indicate impairment
- • Should not support DUI conviction
Testing Method Challenges
Blood Test Issues
- • Delayed testing affects accuracy
- • Storage and handling problems
- • Lab contamination issues
- • Chain of custody problems
Oral Fluid Tests
- • Limited scientific validation
- • False positive potential
- • Contamination from recent use
- • Not approved for legal evidence
Medical Marijuana Patients: Special Considerations
Medical Cannabis Card Does NOT Provide DUI Immunity
Having a valid medical marijuana recommendation does not protect you from DUI charges. However, it can be relevant to your defense strategy.
Defense Considerations for Medical Users:
- • Tolerance Levels: Regular medical users develop higher tolerance
- • Therapeutic vs. Impairment: Medication may improve rather than impair function
- • Baseline Testing: Establish normal THC levels for patient
- • Medical Necessity: Driving may be necessary for medical appointments
Evidence We Can Present:
- • Medical Records: Documented medical need and dosage
- • Doctor Testimony: Medical professional opinions on impairment
- • Usage Patterns: Consistent, controlled medical use
- • Functional Capacity: Ability to perform complex tasks safely
Marijuana DUI Penalties: Same as Alcohol DUI
Important: Marijuana DUI carries the same penalties as alcohol DUI in California. Don't let anyone tell you it's "just a marijuana charge."
First Offense
- • Up to 6 months jail
- • $390-$1,000 fines + penalties
- • 6-month license suspension
- • 3-month DUI program
- • Probation for 3-5 years
Second Offense
- • Up to 1 year jail
- • $390-$1,000 fines + penalties
- • 2-year license suspension
- • 18-month DUI program
- • IID requirement
Additional Consequences
- • Employment impact
- • Professional license issues
- • Insurance rate increases
- • Background check problems
- • Immigration consequences
Our Comprehensive Marijuana DUI Defense Strategy
Pre-Trial Investigation
- • Review all police reports and evidence
- • Analyze blood test results and lab procedures
- • Interview witnesses and review video evidence
- • Consult with toxicology experts
Scientific Challenges
- • Challenge reliability of testing methods
- • Present alternative explanations for symptoms
- • Use expert witnesses on cannabis pharmacology
- • Distinguish between presence and impairment
Legal Defenses
- • Challenge the legality of the traffic stop
- • Suppress illegally obtained evidence
- • Question officer training and procedures
- • Challenge DRE evaluation methods
Negotiation Strategy
- • Seek reduced charges when appropriate
- • Negotiate alternative sentencing options
- • Pursue diversion programs when available
- • Minimize long-term consequences
Emerging Issues in Marijuana DUI Law
Technology Developments
- • Roadside Testing Devices: New oral fluid testing technology
- • Breathalyzers for THC: Experimental devices under development
- • Impairment Apps: Smartphone-based impairment testing
- • Wearable Devices: Continuous monitoring technology
Legal Developments
- • Per Se Limits: Ongoing debate about establishing THC limits
- • Expert Testimony: Evolving standards for scientific evidence
- • Medical Marijuana: Changing attitudes toward medical users
- • Interstate Issues: Conflicts between state marijuana laws
Related Services
Local Court Information
Santa Clara County Superior Court - Hall of Justice
191 N 1st St, San Jose, CA 95113
Marijuana DUI cases are complex because there is no specific THC limit like alcohol. These cases rely heavily on officer observations and drug recognition expert evaluations, which can be challenged.