What are the Penalties for a California Marijuana DUI?

Posted by Jon Ibanez on April 11th, 2016

As you’ve seen in the previous post, it may not be too much longer before we see roadside oral swabs to test for the presence of marijuana and other drugs in addition to the current breathalyzer which tests for alcohol. The push for legislation targeting driving under the influence of marijuana comes at a time when recreation marijuana use in California may be legal in the near future.

Whether that day comes or not, law enforcement agencies throughout California are already on the lookout for DUI of marijuana. And when people get stopped and arrested on suspicion of driving under the influence of marijuana, one of the most common questions is: What are the penalties for a California marijuana DUI?

The mandatory punishment for a California marijuana DUI is the same to that of a DUI of alcohol. In fact, both are covered under section 23536 of California Vehicle Code which states, “If a person is convicted of a first violation of Section 23152 (DUI law for alcohol and marijuana), that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, not more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000).”

In addition to the jail and fines mentioned above, the court will also place the person on informal probation for a period of at least 3 years, require a three, six, or nine month DUI education program and the DMV will suspend a person’s driving privileges for a period of six months for a first-time conviction. Second-time or more convictions will may bring an 18 month program and a longer DUI education program.

While these penalties are mandatory, there are other penalties which a judge may impose on a person who has been convicted of a DUI of marijuana. These penalties are the same as the discretionary terms of a DUI of alcohol sentence.

The judge may impose a Mothers Against Drunk Driving Victim Impact Panel which is a one-day lecture hosted by MADD where victims of DUI-related accidents speak about how driving under the influence has affected their lives.

A person might be ordered to complete a Hospital and Morgue Program. I think the name of this punishment speaks for itself.

A judge might order a person to complete a number of Narcotics Anonymous meetings as a condition or probation.

The penalties mentioned above apply even if the marijuana they had consumed was medical marijuana. The law against driving while under the influence of drugs, which is California Vehicle Code section 23152(3), prohibits driving while under the influence of illegal drugs as well as prescription drugs and medical marijuana.  

Lastly, it should be noted that it is also illegal to possess marijuana on your person or in your car under California’s Health and Safety Code and illegal to possess marijuana while driving under the California Vehicle Code. A conviction of either will add to any penalties received for a DUI of marijuana conviction. How much punishment, however, will depend on how much marijuana was in the person’s possession.

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