MARIJUANA DUI & DRUG TESTING - CALI 2018
Under the new Cali weed laws, if you don't know what you're doing, you could still be in a heap of trouble
"I got a DUI last night for apparently being high, police smelled weed in my car and made me do field sobriety tests, they cuffed me, searched my car and found marijuana paraphernalia and about less than half a gram of weed, they didn't charge me for all the paraphernalia but they obviously did give me the DUI. I had to submit a piss test."
Can I still get fired for smoking weed?
Can I get a DUI for marijuana?
Can I get busted for a pound of weed in my car?
What happens if you're convicted of a Marijuana DUI?
You can still get fired for smoking weed at work.
You can get a DUI for smoking weed before driving.
It is likely that you can possess one pound of pot and certainly 8 ounces (half pound), for your own consumption.
BLOWN WAY OUT OF PROPORTION
"I told them it had been 3-4 hours since my last smoke, when they did their field sobriety tests they were having difficulty figuring out if I was stoned they repeated tests and tried many different ones. I have nothing on my record and I'm a DACA recipient, I may not be able to renew my deferred action now my life is ruined, should I get a lawyer?"
Such is the very strange state of affairs, when driving without major incident - and major intoxication - can result in a ruined life if an officer smells pot and doesn't like you, or people in general.
WEED IS LEGAL - ONLY SOMETIMES
Since marijuana is fully legal for recreational use starting Jan 1, 2018 in CA it would seem to follow that you couldn't get fired for smoking marijuana in your free after work. However, this is not true at all. Employers retain the right to test for drugs, such as alcohol, cocaine, amphetamines, steroids, nicotine, THC and CBD.
You can get dumped from an insurance plan for nicotine, of course fired for coke, and THC? yep, you can get the axe for that too.
THC is the psychoactive component of Cannabis that is fat soluble and is retained in the fatty tissues. This means that THC is retained for a long time. There are somewhat dodgy saliva tests that indicate recent consumption (within the hour) and also hair tests the indicate consumption months earlier. THC does not last long in the blood, but traces that are stored in fat can go back into the system, which can be detected using sophisticated testing.
If you don't smoke pot for three months, in practice, you'll test negative unless someone really has a hard on, and they use ultra-trace sophisticated techniques.
If I plan to smoke on my leisure time how would I breaking the law if I apply to a job that drug screens. I don't plan to smoke during work hours. This is very confusing. People smoke cigarettes all the time and their employers don't have a right to screen for nicotine. Since its not an illegal substance. Can anyone explain how this is going to affect private/public companies and drug testing.
People are drug tested all the time, athletes for performance enhancing drugs, pilots for alcohol, federal officers for the gambit of drugs including marijuana.
SALIVA TESTING - FAKE SCIENCE?
Saliva tests have merit, but in the case of THC and marijuana detection, and what the numbers might mean in terms of intoxication, the experts are in disagreement. From this vantage point, THC saliva tests do not prove guilt beyond a reasonable doubt. Judges may agree, so a good lawyer and a convincing expert witness just might win the day for you.
"Defense lawyers are calling foul, characterizing the saliva tests as "junk science". Not even preliminary breath tests for alcohol -also administered at the roadside- are admissible in court. Rather, the preliminary test results may establish probable cause to conduct a more accurate but more intrusive search: a blood test." - Cali Law
REFUSING A ROADSIDE TEST - A BAD IDEA
Refusing the saliva test is the same as refusing a roadside alcohol breath test, refusal can (and most often is ) a component of the probable cause to arrest.
Officers making routine traffic stops don't haul everyone suspected of driving under the influence of drugs, which requires transport to a nearby hospital for a blood draw. If the saliva test is positive for any illegal substance, then this is probable cause to conduct a blood screen; and seizure under the 4th Amendment.
"The saliva test might be successfully battled in court, if the evidence comes out that you behave yourself and cooperated with the officer, a judge may be swayed to believe the test isn't accurate. A smart lawyer can bring in an expert witness to and quite possibly wrap the testing evidence against you to shreds. Also, people that smoke pot, think they are more impaired than they actually are, and in fact, in video game test, they scored normally when they thought they did bad. So, don't go in there and frame yourself."- Johnny Rodriguez
The National Highway Traffic Safety Administration sent a detailed report to Congress calling into question if the roadside saliva tests would properly detect THC, let alone verify an amount per milliliter of blood deemed to be officially "stoned", for which there is very little data. In fact, the Feds completed a survey of 50,000 accidents and found that smoking cannabis was not a risk factor in accidents, there was no difference between THC in the blood, vs no THC in the blood, in this very large sample.
The National Highway Traffic Safety Administration report concluded:
"Many studies, using a variety of methods, have attempted to estimate the risk of driving after use of marijuana. While useful in identifying how marijuana affects the performance of driving tasks, experimental and observational studies do not lend themselves to predicting real-world crash risk."
At the end of the day, one should not toke and drive. You need to check with your employer to find out if your cannabis is allowed,. You also want to check up on the drug policies of companies and agencies that you might work for as an employee or contractor. On the bright side, major employers are dropping THC from their menu of prohibited substances. For example, the secret services realized that many very qualified candidates smoked marijuana in the past, so they lifted the THC restriction to hire. However, once hired, they must vow to give up the evil weed, and if they test positive after hiring, this is grounds for firing.
WHAT THEY ARE SAYING - MARIJUANA AND DRUG TESTING CALIFORNIA
I got a DUI last night for apparently being high, police smelled weed in my car and made me do field sobriety tests, they cuffed me, searched my car and found marijuana paraphernalia and about less than half a gram of weed, they didn't charge me for all the paraphernalia but they obviously did give me the DUI. I had to submit a piss test, I told them it had been 3-4 hours since my last smoke, when they did their field sobriety tests they were having difficulty figuring out if I was stoned they repeated tests and tried many different ones. I have nothing on my record and I'm a DACA recipient, I may not be able to renew my deferred action now my life is ruined, should I get a lawyer?
You should contact a criminal defense attorney. DUI arrests and convictions have serious consequences.
Is there anything OP can do since he admitted to smoking 3-4 hours prior to driving? I know in Ca medical marijuana licenses say things like you can't drive for up to 12 hours after ingesting or something like that
You are in deep, deep shit. Find a firm that handles both DUI and immigration law, because you need both ASAP.
Any conviction will affect your DACA. You need a criminal attorney and an immigration attorney.
It baffles me that people with DACA do things that can jeopardize their status, which is in itself an exercise of discretion in not deporting them. You got an amazing break from the Obama administration, now you got less friendly administration and the future of DACA anything but certain and then you go around committing crime.
You need both a criminal defense and possibly an immigration attorney.
Yes, you should definitely get a lawyer.
Misdemeanor DUI VC 23152 e:It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle
Two days ago I got arrested for, what I later found out, a misdemeanor DUI. I was extremely high at the time and made the unsavory decision of driving back to my place from a friend's place. Long story short, I got high at his place and left shortly after. In my high state I hit another car coming home and although he was nice enough about it, exchanging of information, insurance, etc., he possibly realized I was in a high-induced frantic state and after exchanging information said he would call the police.
The damage to my car was the front of the car smashed in the past the radiator and up to the engine. The damage to a person's car that I hit was a bumper sized dent to the back of his car. I drive an Infiniti I35, he drove a Chevy truck. My car ate the bullet in the collision, his car took it like a champ. So the police came, didn't search my car for paraphernalia, and me, still blurting away things in my bouts of high-ness, and do what I guess are field sobriety tests. -The first test was the standing with eyes closed. I did the test and was doing well until I panicked and stopped doing it halfway. -The second test was the finger test which I finished completely.
The whole time I was high and was blurting out stupid things, one being that I was high and driving (practically begging them to arrest me for a DUI). So they handcuffed me, took me to a hospital to have my blood drawn, then took me to the county jail where I stayed for a few hours while they booked me and added the first thing to my criminal record (yay). I got home by taxi at 2 in the morning.
First thing I did when I woke up was to go where they had my car stored, paid my fees, and decided it was better for them to keep my car rather than me to repair it. I have one-way liability insurance only. They also informed me that the man I hit is now claiming injury.
My court date is on November 15, roughly a month from now. I really don't know how to handle this. I'm afraid. I'm fully at fault here and feel like I should hire somebody, but I know my parents just can't shell out that kind of money (a couple grand?). I want to defend myself as best I can and really try get through to whoever is going to be the judge that I know what I did was a conscious mistake and that I accept the punishment but to somehow have the possibility of sealing or expunging it from my criminal record sometime in the future because I value my future and just bite the bullet for whatever comes after.
TL;DR Got high at a friend's place and decided to drive back home. Hit another car and the owner had every right to believe I was under the influence, cops were involved, uncoerced confessions of being high were made, blood was drawn, I was arrested.
I guess what I want to know is: 1) Should I try my best to get a lawyer/attorney no matter what? 2) Should biting the bullet on my sentence without a lawyer/attorney even be considered an option? What can I expect from that? 3) Is it even in the realm of possibility to have this sealed/expunged from my record in the future? Honestly, I expect this post to be drowned out by the countless other posts but whatever advice or comments that can be provided would be much appreciated with all this being uncharted territory for me.
(1) Yes! An attorney will give you the best outcome. You are far beyond DIY territory. (2) No. An attorney can negotiate the best sentence / fine. You need to understand that this will be an EXPENSIVE life lesson. It is often quoted that a DUI/DWI costs 10k. Prepare yourself. Sorry, best of luck.
You should get an attorney. Being convicted of a misdemeanor means you have a criminal record.
If you try to defend yourself on a misdemeanor DUI it will go about as well as did when you were arrested in the first place. You will not help yourself and could easily make it worse than it would be if you offered no defense whatsoever. I’m sure that causing an accident with bodily injury is an enhancement to possible penalties. You could be incarcerated. You will definitely be financially wrecked. This is serious as fuck.
Aside from the very significant costs of paying for your attorney, paying fines, paying for substance abuse classes, the vastly increased cost of insurance going forward, etc. you may have ANOTHER huge problem. If your insurance policy is insufficient to pay for the damage to the other driver’s vehicle and his medical costs and any lost income for Missed work, he can sue you personally. If he does that and wins, congrats! You will have a debt that cannot even be discharged in that will follow you, accruing interest, until it is paid.
Last night, my boyfriend came to surprise me at midnight for my birthday. We both live in Northern California, but he lives about an hour away, so sometime between there and actually surprising me, he'd smoked a little of weed. At about 1:15AM, we were driving home from a local food joint, when we were pulled over by a cop for an apparent traffic violation.
We couldn't really understand what we'd done wrong because he wasn't being clear, my boyfriend apparently hadn't stopped somewhere when we clearly remember we had. Anyways, when the officer came around to the window a second time, this time on the passenger side where I was sitting, he smelled weed. My boyfriend had initially denied smoking, but he eventually admitted to smoking a little bit.
This aggravated the officer and he made my boyfriend step out and did numerous field sobriety tests on him. My boyfriend passed all of them. He even blew into a breathalyzer and it came out at exactly 0.0%. Regardless, he was still arrested and booked in the county jail for the night. He had his blood taken also. His car was searched and they found 3 grams of marijuana and one blunt. Upon being released, he got his license suspended, has a court date, fines, faces more jail time, and DUI classes. I understand he was in the wrong for marijuana, but the officer only charged him for a "DUI Alcohol" and "DUI Passenger for," but misdemeanors.
If he gets an attorney or public defender, does he have a chance at getting the charges dropped and beat this? If they put the wrong charges down, "DUI alcohol" and "DUI w/ Passenger For," what will happen? Nothing on his Agreement to Appear mentions anything about drugs. He also has no prior offenses. The officers at the county jail were even confused as to why he was there because his Alcohol level was at a steady 0.0% every single time he was tested. Any answers or advice is welcome. TL;DR: My boyfriend was arrested and charged for an alcohol DUI even though he tested at 0.0%. Does he have a chance at beating this?
We couldn't really understand what we'd done wrong because he wasn't being clear, he apparently hadn't stopped somewhere when we clearly remember we had. It's amazingly uncanny how many guilty people get pulled over for doing nothing wrong. If you smoked weed, your judgment was impaired. Just because you can't remember something doesn't mean it didn't happen. In this situation, I, and any judge is going to believe the police officer over a stoned individual.had initially denied smoking.
Good, but he eventually admitted to smoking a little bit bangs head on table
If he gets an attorney or public defender, does he have a chance at getting the charges dropped and beat this? It'll help his chances, but given what you have said, he's absolutely guilty.
If they put the wrong charges down, "DUI alcohol" and "DUI w/ Passenger For," what will happen?
Clerical errors do not void criminal actions. The clerical error will be fixed. Does he have a chance at beating this? I would say no.
Have him closely examine the citation for which section of the California Vehicle Code he's accused of violating.
VC 23152(a) is the common alcohol DUI law.
VC 23152(e) is specific to drug impairment.
VC 23152(f) is a combination of drugs and alcohol.
Do you know if the arresting officer was herself a California Drug Recognition Expert (DRE) or if one was called to the scene to perform the field tests ?
Most people think they "pass" the field sobriety tests, but really they're just used to build a case for arrest. They aren't really relevant in court, but his admission of using marijuana before driving is, as will the results of the blood test.
There's a chance that if the arresting officer mis-filed the citation as (a) that they'll test the blood sample for alcohol and not for THC. It's not much to hang your hopes on.
Boyfriend needs to hire a DUI attorney.
Is there any science that actually backs the idea that weed inhibits motor functions (driving, specifically)? (self.weed)
I live in California, and after the passing of prop 64, which (kinda) legalized recreational marijuana, there have been a lot of ads circulating warning of the dangers of smoking and driving. In California (and I'm assuming elsewhere), you can get a DUI if they prove you're high, but 99% of the time I can be high as balls and drive home just fine (The other 1% I know I'm too baked and don't drive lol). So, yeah, any science that supports giving DUIs to people driving high?
Dunno, I learned to ride motorcycle when I was stoned as fuck.
Caught a DUI for this in August. I get sentenced in February and then it's probo for a year at best
Dui driving under the influence can absolutely be given for driving while high. I can honestly say the science is being advanced, if I'm way too high I shouldn't drive
I'm talking research that proves it should be given. I know it can be, but why? And research as to why, not just anecdotes.
You're driving under the influence of a substance
Well, yeah... but that's not my question... my question is whether or not the substance actually affects your driving...
Not really, if I'm stoned I stay home, you can concentrate better on pool and driving if you have a bit of a buzz.
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