Driving Under the Influence of Marijuana in California
- Vehicle Code §23152(f) -

In order to be found guilty of any crime, the prosecutor must prove all of the essential components of the crime beyond a reasonable doubt. The essential components of a crime are called the elements of the crime. To be convicted of driving under the influence of marijuana in violation of Vehicle Code section 23152(f) the prosecutor must prove two elements.

 

First, the prosecutor must be able to demonstrate that the defendant drove a motor vehicle on a public street. Ordinarily, whether the person drove the vehicle isn’t a very contested issue. 

 

There’s usually an officer or witness who will testify that the defendant was driving the vehicle. Much more contested in marijuana DUI cases is the second element of the offense.

 

The second element of driving under the influence of marijuana requires the prosecutor to show that the defendant was actually impaired by marijuana at the time of driving.  As it was mentioned earlier, this can become extremely difficult since there is no “per se” limit for the prosecutor to rely on. 

 

The outcome of marijuana DUI cases is extremely dependent on the circumstantial evidence of impairment. Some things the jury will consider are your driving just prior to the traffic stop, your ability to perform field sobriety tests, your demeanor during the stop, and any admission to consuming marijuana.