California law allows adults over the age of 21 to legally use marijuana for recreational and medical purposes. However, that does not mean you can drive under the influence of cannabis. Driving while impaired by marijuana remains a criminal offense and can result in harsh penalties if you are convicted.
At Liberty Criminal Defense & Immigration, our marijuana DUI lawyers in San Bernardino, CA represent individuals facing cannabis-related DUI charges throughout San Bernardino County. We understand how these cases are handled by local law enforcement and prosecutors and we know how to challenge flawed testing methods and weak evidence. If you have been arrested for a marijuana DUI, we are ready to fight for your rights and your future.
Under California Vehicle Code Section 23152(f), it is illegal to drive under the influence of any drug, including marijuana, if it impairs your ability to operate a vehicle safely. Unlike alcohol DUIs, where there is a clearly defined legal limit, there is no specific THC level that automatically results in a marijuana DUI. Instead, prosecutors must prove that you were impaired to the point that you could not drive safely.
You can be arrested for a marijuana DUI in San Bernardino if:
An officer observes signs of impairment, such as red eyes or slow reaction time
You fail field sobriety tests
You admit to recent marijuana use
A Drug Recognition Expert evaluates you and suspects cannabis impairment
A blood test shows active THC in your system
Because THC can stay in your body long after the intoxicating effects have worn off, a positive test result does not always mean you were impaired at the time you were driving. This is a key issue that experienced marijuana DUI lawyers know how to challenge.
Many marijuana DUI arrests in San Bernardino begin with a routine traffic stop. An officer may pull a driver over for speeding, weaving, or another minor infraction. If they smell marijuana or suspect impairment, the stop can quickly escalate.
Other situations that lead to marijuana DUI arrests include:
Admitting to recent marijuana use during a traffic stop
The presence of marijuana or paraphernalia in the vehicle
Bloodshot or glassy eyes attributed to cannabis
Failing field sobriety tests that are not designed for detecting marijuana impairment
Being involved in an accident and testing positive for THC
In these cases, the evidence against you is often based on subjective opinions and questionable testing methods, which leaves room for an experienced DUI attorney to challenge the charges.
A marijuana DUI is usually charged as a misdemeanor in California, but the penalties are still serious. If there are aggravating factors, such as injury to another person, you could face felony charges with much harsher consequences.
Penalties for a first-time marijuana DUI conviction may include:
Up to 6 months in county jail
Fines and penalty assessments exceeding $1,000
Driver’s license suspension for 4 to 10 months
Mandatory DUI education classes
Up to 5 years of probation
Increased penalties for refusing to submit to a chemical test
Repeat offenses, DUIs causing injury, or DUIs with minors in the vehicle can lead to felony charges, longer jail time, and extended license suspensions. A marijuana DUI conviction will also remain on your criminal record, affecting employment, insurance rates, and more.
Our San Bernardino marijuana DUI lawyers take a strategic, aggressive approach to defending cannabis-related DUI cases. We understand the science behind THC testing, the flaws in field sobriety evaluations, and how law enforcement builds these cases.
We build strong defenses by:
Challenging the legality of the traffic stop
Disputing the results of field sobriety tests that are not reliable for detecting marijuana impairment
Questioning the qualifications and conclusions of the Drug Recognition Expert
Challenging the accuracy and timing of blood or urine tests
Demonstrating that THC in your system was from prior use and did not cause impairment
Presenting alternative explanations for physical signs of impairment, such as fatigue or allergies
Our goal is to get the charges reduced or dismissed and to protect your license, your freedom, and your future.
In addition to criminal penalties, a marijuana DUI arrest triggers administrative action by the California Department of Motor Vehicles. The DMV will attempt to suspend your driver’s license, even before your case goes to court.
You only have 10 days from the date of your arrest to request a DMV hearing to fight the suspension. If you do not take action, your license will be automatically suspended. Our attorneys handle both DMV hearings and court proceedings to ensure a comprehensive defense for your case.
Our attorneys regularly defend clients charged with marijuana DUI in San Bernardino County courts, including:
San Bernardino Justice Center
Rancho Cucamonga Courthouse
Fontana Courthouse
Victorville Courthouse
Joshua Tree Courthouse
We proudly represent individuals throughout San Bernardino County, including San Bernardino, Fontana, Ontario, Rialto, Rancho Cucamonga, Victorville, Redlands, Hesperia, and nearby communities. Our familiarity with local judges, prosecutors, and court procedures allows us to provide effective, personalized legal defense.
Marijuana DUI cases are different from other DUI charges and require a unique legal strategy. At Liberty Criminal Defense & Immigration, we have the experience and resources to fight these cases effectively.
We offer:
In-depth knowledge of marijuana DUI laws and defenses
A clear understanding of THC testing procedures and their limitations
Aggressive, personalized defense strategies
A strong track record of success in DUI and drug-related cases
Honest advice and constant communication throughout your case
We are committed to protecting your rights and fighting for the best possible outcome.
Yes, even if you have a valid medical marijuana card, you can still be charged with DUI if law enforcement believes you were impaired while driving. Legal use does not excuse driving under the influence.
There is no specific timeframe that guarantees you can legally drive after using marijuana. THC affects people differently, and traces of it can remain in your system for days, making it important to avoid driving if you feel impaired.
No, California does not have a legal THC limit for driving like it does for alcohol. Instead, prosecutors must prove actual impairment based on your behavior, appearance, and the circumstances of your arrest.
Yes, a marijuana DUI conviction will appear on your criminal record and can be seen on background checks for jobs, housing, or licensing. That is why it is essential to fight the charge with the help of an experienced attorney.
If you have been arrested for driving under the influence of marijuana in San Bernardino or anywhere in San Bernardino County, do not face the charges alone. These cases are complex, and the penalties can have long-term consequences.
Call Liberty Criminal Defense & Immigration today at 909-773-2356 to schedule a free consultation with an experienced marijuana DUI lawyer in San Bernardino, CA. We are ready to protect your rights, challenge the evidence, and fight for your future.
