Legal Question in DUI Law in California

Marijuana dui

I was charged last night for a DUI. Cop gave me sobriety test multiple times, I was left back in my car and was told to either drive to my friends house or go to jail. I choose to drive to my friends house. The police officer asked how much I had smoked that day I answered honestly and said 3 grams. Then the officer proceeded to take m y keys. Another officer was called and the cop checked my pulse and said it was too high and my eyes were dilated and this was his cause for charging me with a DUI. The thing is that I had drank a 32 oz of rockstar energy not even 1 hr before pulling over. This is what caused my elevated heartrate and my effects from the marijuana were long gone. I was more nervous and hyped off a vast amount caffenine which I normally dont drink. I also submitted to a urine test . Do I have a chance at fighting this thing?


Asked on 4/05/09, 5:02 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Marijuana dui

"A chance"? Sure. There is always a chance. You can try to persuade a jury, or the prosecutor, that you weren't "under the influence" enough to be convicted. That's what plea bargaining is all about, using the facts and evidence in the most favorable way to defend yourself. If this is SoCal, and you're serious about getting legal help, feel free to contact me.

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Answered on 4/06/09, 1:01 pm
Gordon Fauth Fauth Law Offices

Re: Marijuana dui

Yes, but you should engage a DUI lawyer. If you are in the Bay Area, feel free to email or call--Gordon Fauth, www.duilawyercalifornia.org.

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Answered on 4/05/09, 5:15 pm
Joe Dane Law Office of Joe Dane

Re: Marijuana dui

From what you said, yes - you have a decent case to fight. The tough thing the DA will have is trying to prove you were "under the influence" of marijuana for the purpose of driving. There's no magic number like alcohol's 0.08%, so just having a positive test doesn't mean that much.

The rockstar and its caffeine can possibly explain the physical symptoms, along with whatever shows up on the urine test. There are some things you could possibly do to get yourself in a better position, but the clock is ticking against you. If you haven't already, contact a criminal defense attorney to discuss this.

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Answered on 4/05/09, 6:41 pm


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