Los Angeles Attorney
Attorney for Marijuana DUI in Los Angeles
If you were recently pulled over and charged with a DUI for marijuana, you are likely feeling overwhelmed, confused, and uncertain about what comes next. The legalization of cannabis in California has created a false sense of security for many drivers, but driving under the influence of marijuana is still a criminal offense.
Even if you were not impaired, law enforcement may allege that your driving ability was affected, and that accusation can lead to harsh penalties. At Esfandi Law Group, we understand how high the stakes are in these cases and how frustrating it can be to face criminal charges for using a legal substance. We’re here to help you protect your rights and fight back.
DUI for Marijuana: What Does California Law Say?
Under the California Vehicle Code, it is unlawful for a person to drive under the influence of any drug, including cannabis. This section applies even though recreational marijuana use is legal for adults over 21. The law does not distinguish between lawful and unlawful substances. It focuses entirely on whether the substance impaired your ability to drive safely.
Unlike alcohol, there is no legal limit or standardized measurement (like a BAC level) for marijuana impairment. This makes DUI for marijuana charges much more subjective and, in many cases, open to legal challenge.
How Do Police Determine Marijuana Impairment?
Because marijuana affects individuals differently and lingers in the bloodstream long after use, identifying impairment is difficult. Law enforcement typically relies on a combination of:
- Observed driving behavior (e.g., swerving, delayed response, erratic driving);
- Physical signs of intoxication, such as red eyes, slow speech, or the smell of marijuana;
- Field sobriety test results;
- Statements made by the driver, including admissions of recent cannabis use;
- Drug Recognition Evaluator (DRE) reports; and
- Blood tests for THC metabolites.
However, these methods are not foolproof. THC can remain detectable in the blood long after its effects have worn off, and field sobriety tests are not designed to detect marijuana impairment specifically.
Penalties for a Marijuana DUI in California
If convicted of a DUI for marijuana, you face many of the same consequences as an alcohol-related DUI, including:
- Up to 6 months in jail, a $1,000 fine, license suspension, and a 3- to 9-month DUI education program for a first offense;
- Up to 1 year in jail, longer license suspension, higher fines, and mandatory DUI school for a second offense; and
- Potential felony charges, years of license revocation, and longer jail or prison time for subsequent offenses.
Aggravating factors, such as having a minor in the car, causing an accident, or driving with a prior DUI, can significantly increase the penalties.
How a Los Angeles Marijuana DUI Attorney Can Help
A skilled Los Angeles marijuana DUI attorney can identify the weaknesses in the prosecution’s case and build a strong legal strategy to protect your rights. At Esfandi Law Group, we have handled countless drug-related DUI cases and know how to challenge flawed testing methods and unreliable observations.
We investigate every aspect of your case, including:
- Whether the traffic stop was legal,
- The qualifications and conduct of the arresting officer,
- The accuracy and handling of any blood test,
- The timing of marijuana use relative to the arrest, and
- Whether your constitutional rights were violated.
Our goal is to reduce or dismiss the charges entirely whenever possible. In other cases, we fight for alternative resolutions such as diversion programs or reduced penalties.
Possible Defenses to a Marijuana DUI Charge
Every case is different, but some of the most effective defenses in DUI for marijuana cases include the following.
Lack of Impairment
THC presence alone does not prove impairment. You may have used cannabis days earlier, and the remaining trace amounts do not reflect current intoxication. Our firm can argue that your driving behavior was not affected by marijuana at the time of arrest.
Faulty Testing
Marijuana blood tests are not always reliable. Testing delays, improper sample storage, and inaccurate lab procedures can skew the results. Challenging the validity of these tests can weaken the prosecution’s case.
Unlawful Traffic Stop
If police lacked reasonable suspicion to stop your vehicle, all evidence obtained afterward may be suppressed. We evaluate dashcam footage, police reports, and other evidence to determine if the stop violated your rights.
Improper Police Procedure
Field sobriety tests are subjective and not designed to detect cannabis impairment. If officers relied on these flawed methods or failed to follow proper protocols, we may use that to your advantage in court.
Why Marijuana DUI Cases Are Different
Cannabis-related DUI charges are far more complex than alcohol DUIs because:
- There is no scientifically agreed-upon THC impairment threshold,
- Field sobriety tests are not validated for marijuana,
- The body metabolizes THC differently from alcohol, and
- Legal cannabis use adds ambiguity to enforcement.
These challenges create opportunities for an experienced Los Angeles marijuana DUI lawyer to step in and defend your case effectively. Do not assume a conviction is inevitable because there are often multiple ways to push back.
Take Action Now: Protect Your Future
A marijuana DUI conviction can have long-lasting consequences. It may impact your job, driving ability, insurance rates, and criminal record. Acting quickly is essential to preserving evidence, protecting your rights, and positioning your case for the best outcome.
Whether you’re facing your first DUI or have prior offenses, Esfandi Law Group offers the guidance and advocacy you need during this difficult time.
That’s why having an Encino criminal defense attorney who listens and knows how to push back can make all the difference. From the first court appearance to closing arguments, we stay one step ahead, working to dismantle weak claims.
If you feel like the police rushed to judgment or the charges don’t reflect what really happened, you need a legal team that knows how to challenge assumptions and defend your future.
If you’re under investigation or facing charges in Encino, we’re ready to help. Contact us today for a free consultation.
Why Choose Esfandi Law Group?
Led by Attorney Seppi Esfandi, a former public defender with over 20 years of criminal defense experience, our firm is uniquely positioned to fight complex DUI cases in Los Angeles. We offer:
- Personalized defense strategies tailored to your case,
- In-depth knowledge of California DUI and marijuana laws,
- Clear communication and guidance at every step, and
- Bilingual legal services in English and Spanish.
We understand what you’re up against and have the tools to help you fight back.
Contact a Los Angeles Marijuana DUI Attorney Today
You deserve a defense that treats you like a person, not a case file. If you’re facing a DUI for marijuana, contact Esfandi Law Group today. Our dedicated legal team will review your situation, explain your options, and fight for the best possible outcome.
Call now for a free consultation and put one of Los Angeles’ most trusted criminal defense firms on your side.
