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  • Former Deputy San Diego City Attorney
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Attorneys William R. Christoph & Nicholas W. Christoph

Are Marijuana DUI Cases in Vista Courts changed by Prop 64?

On Behalf of | Nov 30, 2016

Prosecution of marijuana DUI cases in Vista Courts have not changed with the passage of Prop 64 legalizing the recreational use of marijuana.  The new law affects the possession, cultivation and sale of marijuana.  Just like prescription drugs are not illegal with a prescription, you can still be prosecuted if you drive a vehicle while your ability to operate a motor vehicle is impaired regardless of the legality of the substance or alcohol used.  The law is intended to safeguard the public by keeping impaired drivers off the road.

In the prosecution of marijuana DUI cases, blood tests are still important to show quantatitively active and inactivce THC metabolites.  However, there are issues in correlating THC levels with impairment becuase of the way the marijuana stays in your system and varies based on an individuals usage and dosage pattern.  There is not the same predictable levels based on years of research of impairment as there are with alcohol.  The other evidence of impairment like driving, field sobriety tests and physical appearance become more important in showing impairment along with consideration of THC levels.

It is anticipated that Marijuana DUI cases will increase as recreational usage increases, but Prop 64 did not change anything concerning arrests and prosecution for a marijuana DUI.  There still needs to be a lawful stop, detention, arrest and chemical test.  If you have a marijuana DUI, drug DUI or alcohol DUI, you should contact a DUI defense lawyer as soon as possible to discuss your case including DMV and Criminal consequences.  For a free consultation, call Attorneys Nicholas and William Christoph, DUI Defense lawyers at Christioph Law Offices, at 760-670-3885.  They have been providing the highest level of personal and professional representation, across from Vista Courts for over 34 years.



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