Driving Under The Influence Of Marijuana In California

Law Office of Amy ChapmanWhile the recreational use of marijuana is still illegal in California, it may not be all that long until that changes. It seems like every election cycle there is a bill that would make marijuana legal, and it is probably just a matter of time until one of those bills passes and becomes the law of California. However, even if marijuana is legal, driving under the influence of marijuana will still be illegal.

DUI and Marijuana

It is currently illegal to operate a vehicle under the influence of alcohol or marijuana. In most alcohol driving under the influence (DUI) cases, the prosecution uses a fairly straightforward test to determine if the driver was legally intoxicated: if the driver’s blood- or breath-alcohol content (BAC) was .08 or greater, they were intoxicated. However, unlike alcohol, it is not always easy to determine when someone last smoked or consumed marijuana. For this reason, the marijuana DUI law use is more subjective than the alcohol DUI law.

In order to be convicted of a DUI offense in California for driving under the influence of marijuana, it must be proven that the driver did not have the “ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.”

If an Officer Suspects a Driver is High

If a police officer stops a driver and believes that the driver may be under the influence of marijuana, that officer can call in a Drug Recognition Evaluator (DRE) who will evaluate the driver and look for certain indications that the driver may be under the influence of marijuana. A few of the signs that the DRE will look for are:

  • Dialated pupils;
  • Elevated pulse rate;
  • Increased blood pressure;
  • The smell of burnt marijuana;
  • Dry mouth; and
  • Short-term memory impairment.

After evaluating the driver, the DRE will make a conclusion as to whether that driver was under the influence of marijuana. If the DRE determines that the driver was under the influence then that driver will be arrested and the DRE will likely testify at the driver’s trial to the signs of intoxication he or she noticed at the scene.

Have You Been Arrested for a Marijuana Offense in Sonoma County?

If you have recently been arrested for a marijuana-related offense in California, you need to secure the representation of an experienced Santa Rosa criminal defense attorney immediately. Depending on the facts of your case, an experienced attorney may make the difference between a slap on the wrist–such as a fine or probation–and serious jail time. At the Law Office of Amy Chapman, we take marijuana defense seriously and have been representing those charged with all kinds of criminal offenses for over 13 years. We understand all that comes along with being charged with a crime and work with you to reach a result that you can be happy with. Click here, or call (707) 636-3207 today to schedule a time to meet with an attorney and discuss the facts of your case.

Tis The Season For DUI Checkpoints In Sonoma County. But Are They Legal?

Law enforcement has used sobriety checkpoints in California since the 1980’s. In recent years, waves of DUI/driver’s license checkpoints and DUI roadblocks have become commonplace in Sonoma County and throughout California. Beginning on December 14, law enforcement agencies throughout Sonoma County launched their annual “Avoid the 13” campaign to step up enforcement of DUI laws. Saturation patrols and DUI checkpoints will be in effect throughout the New Year’s weekend.

Some may wonder how stopping a driver without reasonable suspicion that a law was violated is constitutional. The Fourth Amendment of the United States Constitution calls for all to be free from unreasonable search and seizure. Why should a sober driver who has broken no laws be subject to police interrogation? Courts around the country have tackled this question in the past few decades. Proper checkpoints have been upheld as constitutional because when government can show they are conducted for the purpose of deterring crime, not for the purpose of enforcing criminal laws.

Limitations of DUI Checkpoints
The California Supreme Court has placed “certain limitations” on DUI checkpoints. Law enforcement’s failure to comply with the limitations could invalidate a DUI arrest. If the stop or arrest is ruled unlawful, the entire case can be dismissed. The guidelines that the courts have said law enforcement must adhere to in conducting DUI checkpoints are:

Decision making at the supervisory level: The decision to conduct a sobriety checkpoint cannot be made arbitrarily by an individual office, it has to come from a supervisory level in order to avoid arbitrary and capricious enforcement.

Limits on discretion of field officers: The officers at the checkpoint cannot have total control over who is stopped and who is not. There must be a neutral, mathematical formula to determine which cars are stopped, such as every third car or another formula related to the flow of traffic.

Maintenance of safety conditions: The checkpoint must have proper lighting and signage. In addition, the checkpoint needs to be at a time and place when and where the traffic volume does not present a safety issue. For example, a checkpoint downtown during rush hour would not be proper.

Reasonable location: The decision of where a checkpoint should be belongs to supervising personnel, not officers in the field. The chosen location should serve to achieve the government’s interest of reducing alcohol related accidents. Checkpoints should be on roads or highways with a high rate of alcohol related arrests or accidents.

Time and duration: There are no hard and fast rules about the time and duration of checkpoints, however most approved checkpoints have been operated in the late evening or early morning hours.

Indicia of official nature of roadblock: A checkpoint needs to look official so that drivers know that it is a legitimate police operation. They need to be visible with adequate warning signs, flashing lights, proper lighting, marked police vehicles and uniformed officers.

Length and nature of detention: The stop and questioning of drivers should only last long enough to determine if there are signs of intoxication. Classic symptoms that officers look for are the smell of alcohol, slurred speech, and red or watery eyes. If the officer does not observe any symptoms, the driver should be allowed to leave immediately. Checkpoints should not be used as a tool to investigate other crimes.

Advance publicity: Roadblocks and checkpoints need to have proper advance publicity so that they are a deterrent to driving under the influence and less intrusive to drivers. Courts have held that publishing the date of the checkpoint, even without pinpointing the location, serves the public by reducing surprise, fear, and inconvenience.

Can you avoid stopping at a DUI checkpoint?

Yes. A person has a right to avoid the checkpoint in he or she chooses. Road signs announcing the checkpoint should be placed far enough ahead of the checkpoint that drivers could choose to avoid it. However, if you do anything unlawful (i.e. illegal u-turn) or show signs of intoxication when avoiding the checkpoint, you can be stopped. Remember that it is illegal to traverse a flare pattern or cone pattern set up to regulate traffic.

If you have any questions regarding DUI checkpoints or DUIs in general, contact a Santa Rosa DUI lawyer for more information.

49er Arrested For DUI And Marijuana Possession Will Not Play This Weekend

San Francisco 49ers special teamer and two-way player Demarcus Dobbs will not travel with the team to St. Louis this weekend due to an arrest early Friday morning. A California Highway Patrol spokesman told CSNBayArea.com that Dobbs, who turned 25 on Friday, was involved in a single car accident in Santa Clara at 3:45 a.m. CHP suspected he was under the influence of alcohol and was also arrested for possession of marijuana. Dobbs was not injured in the crash.

The Court Process

Dobbs will likely be given a court date next month in Santa Clara County. If he retains an attorney, he will not need to appear in court because the charges are misdemeanors. Dobbs would be wise to retain an attorney right away because if he was issued a notice of an Admin Per Se (APS) suspension, he only has 10 days from the time of his arrest to request a DMV hearing to fight the upcoming suspension of his driver’s license. At the arraignment, his attorney would receive copies of the police report. After reviewing the reports, the attorney may want to investigate the crash, inspect the records of any alcohol testing device used, criticize any field sobriety tests, and seek to suppress any damaging statements Dobbs may have made. Ultimately the attorney will determine if the prosecution can prove that Dobbs was truly the driver when the car crashed and if his blood alcohol level was above .08% at the time of the accident.

If Dobbs is convicted of DUI, he faces a hefty fine, the suspension of his driving privilege, a DUI education program, and jail time. In all likelihood, Dobbs will never see the inside of a jail cell for this case. Any jail time imposed would probably be converted to a work program or community service.

Possession Of Marijuana

Early reports indicate that Dobbs was in possession of marijuana. Authorities have not revealed how much marijuana Dobbs is alleged to have possessed. If it was less than an ounce, the offense is only an infraction punishable by a $100 fine. However, if Dobbs has a physician’s recommendation for the use of medical marijuana, he would not have to face any penalty for the possession. In addition, if he did have a recommendation to use medical marijuana, his attorney could petition the court to have the seized marijuana returned to him.

A Unique Hybrid Player

Dobbs, who played collegiately at the University of Georgia, was signed as an undrafted free agent by the 49ers in 2011. Dobbs played defensive end in college, but during the 2012 preseason he started playing tight end as well. He currently wears number 83 to reflect his increased role as a tight end. The 49ers coaching staff often calls on Dobbs, who weighs 275 pounds, to join the offense in the “jumbo package” to block in short yardage situations. Dobbs plays on every unit of the 49ers’ special teams. Dobbs’ salary for 2012 is $465,000.

If Dobbs is ultimately convicted and his license is suspended, it would be an opportune time for him to learn to rely on sober friends, taxis, and limos for transportation.

If you have questions about a DUI or marijuana possession case, contact an attorney well versed in handling both driving offenses and all types of drug possession offenses.