Marijuana DUI Attorneys in Orange County
Arrested for Marijuana DUI? Attorney Randy Collins is one of the few attorneys who has won high-profile Marijuana DUI cases at trial and can use his experience defending such cases to give you the help you need.
Protect your license and your liberty. Call the Law Offices of Randy Collins at (844) 241-1221 or contact us online for a free consultation. Let an Orange County marijuana DUI lawyer with 45 years of collective experience protect your future.
Understanding Marijuana DUI Laws in California
In California, it is illegal to drive a motor vehicle while "under the influence" of any drug under Vehicle Code § 23152(f). However, the definition of "under the influence" is significantly more complex for cannabis than it is for alcohol.
Due to the fact that marijuana can remain in the body’s internal system for a prolonged period of time, the prosecution will need to prove that the accused was impaired by this substance at the time of driving.
Other terms for California marijuana DUI include Dope Driving or Cannabis DUI.
Key Elements the Prosecution Must Prove
- The Impairment Standard: To prove a marijuana DUI, the state must show that the THC in your system actually impaired your ability to drive with the same caution as a sober person. Merely having THC in your bloodstream is not enough for a conviction, as THC can remain in the body for weeks after use.
- Drug Recognition Experts (DRE): Many arrests in Orange County involve a DRE—an officer trained to identify signs of drug impairment. These officers use a 12-step evaluation that includes checking your pulse, pupil dilation, and balance. As your Orange County marijuana DUI lawyer, we frequently challenge the validity of these "pseudo-scientific" tests.
- Blood vs. Breath: There is currently no breathalyzer that can accurately measure THC impairment. Law enforcement typically relies on blood tests. However, blood tests only show that you have used marijuana recently, not that you were impaired at the exact moment you were driving.
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Medical Marijuana Defense: While having a medical marijuana card does not give you a "license" to drive high, it is a critical piece of context regarding your tolerance levels and why cannabinoids are present in your system.
Penalties and Collateral Consequences of Marijuana DUI in California
The penalties for a marijuana DUI in Orange County are virtually identical to those for alcohol-related DUIs. The "ripple effect" of a conviction can impact almost every area of your life.
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Jail Time: A first-offense DUI can carry a sentence of up to six months in county jail, though probation is common for first-timers without aggravating factors.
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Substantial Fines: Between court fees, assessments, and base fines, a DUI can cost several thousand dollars.
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License Suspension: The DMV can suspend your driving privileges for six months or more. For many in Orange County, losing the ability to drive makes maintaining a job nearly impossible.
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DUI School: You will likely be required to attend a state-licensed drug and alcohol education program for three to nine months.
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Professional Licensing: If you hold a professional license (such as for nursing, law, or real estate), a DUI conviction must be reported and can lead to disciplinary action or suspension of your right to practice.
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Increased Insurance Rates: Your "high-risk" status will cause your auto insurance premiums to skyrocket, often for a period of ten years.
In addition to these penalties, a strong case can also be built against possession of marijuana, as well as possession of marijuana while driving, which carries additional fines.
Top Defenses For Marijuana DUI in Orange County
Many skilled lawyers can examine the case to determine if the accused party was indeed impaired at the time of driving. New research and changes in Marijuana laws are constantly updated – and defendants will need to find lawyers who stay abreast of these new codes. In addition, retesting from chemical samples can be done to deliver a stronger defense.
We utilize our 45 years of collective experience to build a high-tech, science-based shield for our clients:
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Challenging the DRE: We cross-examine "Drug Recognition Experts" on the limitations of their training. Many "signs of impairment" like red eyes or a fast pulse can be caused by anxiety, allergies, or simple nervousness.
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Metabolic Analysis: We work with toxicologists to explain "retrograde extrapolation"—the fact that THC levels in the blood do not accurately reflect the level of impairment at the time of driving.
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Bilingual Advocacy: We offer bilingual services in English and Spanish because we believe everyone deserves to understand their defense strategy in their native tongue.
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Video Evidence Review: We meticulously review dash-cam and body-cam footage to see if your physical performance on "Field Sobriety Tests" actually matches the officer's written report.
Get Help From Experienced Marijuana Defense Lawyers, Before It’s Too Late
The science of cannabis impairment is still in its infancy, which gives a skilled Orange County marijuana DUI lawyer a significant advantage. At the Law Offices of Randy Collins, we don't accept the government's lab results at face value. We know that the residents of Orange County deserve a defense that is as modern and sophisticated as the laws themselves.
With 45 years of collective experience and the insight of a former Deputy District Attorney, we provide a level of representation that is both aggressive and compassionate. We offer free consultations because we want you to know your rights before you make any decisions that could impact your future. Our firm has built its reputation on winning difficult cases, and we are ready to put that experience to work for you.
If you or someone you know has been accused of DUI involving marijuana, the criminal defense attorneys at The Law Offices of Randy Collins can help you. We will bring superior legal experience to your case and fight tooth and nail on your behalf. Contact us today to receive a free consultation by calling (844) 241-1221.
EXPECT THE BEST
Why We're the Right Choice-
Thousands of Cases Successfully Handled
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We Offer Representation in Spanish
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Over 45 Years of Collective Experience
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Highly Respected by Peers and Clients
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Former Deputy District Attorney
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Impressive Track Record of Results