San Diego DUI Law Center

If you smoke marijuana before driving, can you be prosecuted for DUI in San Diego, attorneys are often asked.  You can be arrested for a San Diego DUI (Drugs) – whether medical marijuana or not – but you cannot be prosecuted for having a minimum amount in your system, lawyers say. That’s because California law will not change anytime soon for those drivers who toke & drive, as the legislature will not pass a dumb law that says that if you have X amount of nano grams of THC per milliliter in your blood, you are guilty of DUI.

A couple of silly California legislators were at one time proposing a law even stricter than Colorado’s 5 nano grams per milliliter blood-THC standard so that California DUI attorney prosecutors who wanted a slam-dunk easy weapon to discriminate against medical marijuana users who drove. But it never was a good idea because San Diego drivers would be guilty of DUI regardless of whether they are actually under the influence or impaired while driving which is presently the law.

A blood THC DUI limit law would unfairly harm medical marijuana drivers who were otherwise driving unimpaired or with the caution characteristic of a sober person. The proposed law was also a bad idea to place a blood THC limit on drivers since THC metabolites stay in your blood for days after the marijuana effect wears off.

The bottom line is that marijuana use has increased but accident rates and DUI arrests in California have declined.

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