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24Jan 2018

In California, Driving Under The Influence of Marijuana is Subjective

Now that it is legal to purchase marijuana in California, having an ounce or less on you in your car is not going to get you arrested. However, like alcohol, you cannot use it while you are driving. There is a big difference between what can get you charged with an alcohol-related DUI and a marijuana-related DUI. If your blood alcohol limit is above .08 you will be charged with DUI. Plain and simple. With marijuana, the case is not so clear.

There is no legal limit as to how much THC (the active compound in marijuana) is necessary to constitute impaired driving, as everyone responds differently to the compound. This leaves the charge up to subjective factors. The most common reason for arresting someone for a marijuana DUI is the officer's assessment of the driver's behavior. Basically, if the officer thinks you are "acting stoned," you are getting arrested. If you live in Burlington, Essex, Colchester, Winooski, Williston, Shelburne or anywhere in the State of Vermont, and have been arrested or charged with DUI or any crime, call Handy Law for aggressive and experienced legal defense.