A medical marijuana DUI is a DUI, it does not matter you have a medical authorization to use marijuana. It is the "driving while impaired" reagrdless whether it is a prescription drug, illegal drug, medical marijuana or alcohol. The issue is whether or not you were impaired for purposes of driving so you no longer had the ability to drive with the same care and caution as a sober person under similar circumatances.
Even if there are other reasons for your poor driving or impairment, as long as alcohol or drugs is one of them, then you are subject to DUI or drunk driving prosecution. You do not have to be falling down drunk or in a stupor to be convicted. With a medical marijuana DUI, just like any other DUI, your physical or mental abilities may be sufficiently impaired even if you are taking the recommended dosage of your medication, including marijuana. The physical field sobriety tests measure your ability to follow instructions and perform physical tasks which can show impairment related to driving ability and even the slower response or reflex time that comes with alcohol or drug use may be sufficient for Driving Under the Influence.
The blood test not only tests for any drugs, alcohol or marijuana, but also quantifies the amount in the blood. This can include active metabolite as well as metabolized metabolite. These numbers are not as clear cut as alcohol but there are general guidelines where impairment would be expected. Contact Attorneys Nicholas and William Christoph at 760-941-5720 for a free consultation. We have handled over 3000 DUI cases, drugs, alcohol, marijuana, priors, injury and death cases. Across from Vista Courts for over 32 years. providing the highest level of personal and professional representation, we can help you get the best resolution in your case.