Being pulled-over can be a scary and even traumatic experience. To be asked to take a chemical test in order to detect the presence of other substances in your body may be even more likely to shake you. As its more common for officers to ask for tests based on marijuana DUI California test statistics.
Know Your Rights
When you’ve been pulled over in any situation, it is always in your best interest to cooperate with law enforcement officers. When you have been pulled-over on suspicion of driving-under-the-influence, you do not have to answer questions, other than identifying yourself, but you must submit yourself to a chemical test if it is requested. To not cooperate could result in suspension of your driver’s license for a year.
Types of Marijuana DUI Tests California
There are several different types of marijuana DUI tests, including breathalyzer, urine, and blood tests. Different types of tests are said to either be better at detecting the amount of THC (the active drug in marijuana) in an individual’s system than others. If given the choice between tests, choose wisely. Legal advice may be needed in the case of what test to choose.
It has been speculated that the government is trying to devise a breathalyzer style marijuana DUI breathalyzer test that can be administered directly to the suspect by law enforcement officers.
You may wonder if the right to use medical marijuana due to a medical condition may exempt you from taking such a chemical test, or from being prosecuted. Strangely, the answer is no. You may still be arrested, submitted to a test, and charged for driving-under-the-influence. A recent article about a proposed California bill that could possibly restrict the driving rights of medical marijuana users (due to the stringency of the law itself) may be found here. If you are a legalized medical marijuana user, you will want to seek legal advice about your specific rights.
Those who are charged with any kind of marijuana DUI may face penalties of up to six months in jail; a fine of $390 to $1,000; a restricted driver’s license and up to three years’ probation. Those under the age of 21 may face even steeper penalties.
Where can I get help or legal advice?
In any case, if you are facing a DUI charge of any kind, lawyers like Christopher J. McCann are here to help you. With a lawyer who is willing to fight for your rights in court, get you a fair hearing, and help answer any questions you may have about your specific charge, case, or situation, you have a much better chance of presenting your own side in court. Lawyers like Mr. McCann are knowledgeable of local laws in California. Call a CA DUI lawyer today and let them help you with the specifics of your situation. The right marijuana DUI attorney can make all the difference.
About Guest Post Author:
Christopher J. McCann writes about drug laws in Orange County California, Marijuana Breathalyzer to Drug-Impaired Driving. Mr. McCann is a practicing OC criminal defense lawyer at the law offices of Christopher J. McCann who was recently awarded his 6th SuperLawyers Magazine “Rising Star” award. You can follow Chris tweets at @cjm_law_firm