How is a Marijuana different from Driving Under The Influence of Alcohol?

California DUI laws protect public safety. This is by ensuring drivers operate vehicles safely. Under the California Vehicle Code, both alcohol and marijuana can impair a person's ability to drive. Therefore, engaging in such conduct can result in your arrest and criminal charges.

There are significant differences between DUI alcohol and DUI marijuana in terms of their detection, legal limits, and enforcement practices. Whether your intoxication results from using marijuana or alcohol, you threaten the safety of other road users. Therefore, you risk facing severe legal penalties.

The penalties for your DUI may vary depending on the substance. Additionally, the concentration of the substance in your blood can play a significant role in your case. If your loved one faces DUI charges, you will require the guidance of a reliable DUI defense attorney.

The following are some of the ways through which marijuana DUI differs from alcohol DUI:

Legal Limits

California PC 23152 defines DUI as operating a motor vehicle under the influence of alcohol or drugs. Alcohol and marijuana DUI differs in how the courts address the legal limits for each substance.

Alcohol DUI Limits

California law sets BAC limits for drivers in the state. The limit to which you must adhere varies depending on your age and license type. The legal BAC limit for drivers is:

0.08% adult drivers. If you are over twenty-one and have a standard driver's license, you must not operate with a BAC of 0.08% or more.
0.04% for commercial drivers. Commercial drivers operate commuter vehicles, including buses, trucks, and Uber. Driving with a BAC of 0.04% with this license type will end in criminal charges.
0.01% for underage drivers. California law has zero tolerance for underage drinking and driving. This means that drivers under twenty-one years old cannot operate a vehicle with a detectable amount of alcohol in their blood. Failure to adhere to this limit will result in underage DUI charges.

When your BAC exceeds thelimit, you will face DUI charges regardless of your visible signs of impairment. This makes DUI alcohol laws straightforward for quantifiable impairment.

Marijuana Limits

Unlike alcohol, there is no specific legal limit for marijuana impairment in California. This makes DUI marijuana cases more complex for law enforcement and prosecution. The primary reason for the lack of a set limit is that marijuana affects individuals differently. The effect of marijuana on your body will depend on:

Tolerance
Time since consumption
Method of consumption
Individual metabolism

The THC in marijuana affects motor skills, perception, and cognitive function. However, THC levels in the blood do not correlate with levels of impairment. This is because your tolerance and the mode of ingestion play significant roles.

California does not have a defined THC legal limit for drivers. However, some studies suggest that up to 5 ng/mL of marijuana can impair your driving.

Impact on Driving

Marijuana and alcohol impair a driver's ability to operate a vehicle safely. However, the specific impact caused by each substance differs in severity and duration. Understanding these differences is crucial because California law regulates the operation of motor vehicles after using these substances. Additionally, their impacts on driving are distinct in physiology, behavior, and legal consequences.

Alcohol Impact on Driving

Alcohol is a well-known psychoactive substance that impairs cognitive and motor functions. This includes reaction time, coordination, judgment, and decision-making. Absorption of alcohol into the blood affects a person's central nervous system.

A BAC of 0.8% exceeds the limit for drivers over twenty-one years. Alcohol can cause drowsiness, blurred vision, slowed reflexes, and poor motor coordination. These effects hinder a person’s ability to drive safely. Even at lower levels of alcohol consumption, individuals may experience a decrease in focus. This increases the likelihood of making risky decisions while behind the wheel.

The legal threshold for measuring intoxication is through breath and blood. However, California law encourages the use of sobriety tests and BAC tests to determine a driver’s incapacitation.

Impact of Marijuana on Driving

Marijuana impacts brain activity differently from alcohol. You can consume marijuana by smoking or eating edibles. The active compound in marijuana interacts with receptors responsible for memory, concentration, and motor skills. As a result, marijuana can impair reaction time, depth perception, and decision-making ability. This can have a significant impact on a person's driving skills.

Unlike alcohol, the effects of marijuana can vary depending on the individual’s tolerance. Additionally, the method of consumption and THC potency can determine your impairment. In California, medical and recreational marijuana is legal. However, you can still face DUI charges when you drive under the influence of marijuana.

There is no specific legal threshold for THC in the blood. However, the law prohibits driving with any detectable level of THC in your blood. This makes marijuana-related DUI enforcement more challenging for law enforcement and prosecutors. Police may use field sobriety tests, drug recognition experts, and blood tests to assess marijuana impairment. However, the detection of THC does not directly correlate with impairment as it does with alcohol.

Methods of Detection

Another significant difference between alcohol and marijuana DUI is the method of substance detection. The concentration of marijuana or alcohol in your system serves as critical evidence in your DUI case. However, the methods of detection for each substance differ.

Alcohol Detection

Your blood alcohol content plays a significant role in your DUI case. The following are tests used to detect alcohol in your system:

Breathalyzer tests. A breathalyzer test is a common method of checking your BAC through the breath. Law enforcement officers use this test to catch drivers operating under alcohol influence. An officer can administer this test at a DUI checkpoint or when they stop your vehicle on suspicion of DUI. Taking this test involves blowing into a breathalyzer machine. The machine will then give a reading.
Blood test. Blood tests are more accurate and reliable in determining drivers' blood alcohol content. A law enforcement officer will administer a blood test at the police station after your arrest. Alternatively, they can order the test in the hospital if you end up there after a DUI arrest.
Field sobriety tests. A law enforcement officer can measure the level of your alcohol intoxication by administering an FST. This test checks for your coordination and attentiveness.

Marijuana Detection

Unlike DUI alcohol, which relies on BAC, DUI marijuana depends upon the concentration of the substance. Different drugs can affect the body differently. Therefore, there are no exact limits for marijuana. The law enforcement officers use the following tests for marijuana detection:

Blood test. This serves as the most reliable way to check for the presence and concentration of THC in your body. However, blood tests for marijuana DUI present challenges. THC can remain in the bloodstream long after the impairment has worn off. This means that the detection of THC does not equal impairment.
Oral fluid tests. In recent years, California has experimented with oral fluid tests to measure THC levels in drivers. However, these fluids do not always give accurate results of impairment.
Drug recognition experts. Police officers employ DREs to assess impairment from marijuana. This is because THC does not have the exact same predictable correlation to impairment as alcohol. The DRE will give their testimony after assessing your symptoms and conduct.

Duration of Impairment and Tolerance

The duration of impairment from marijuana and alcohol differs significantly. This factor can impact the defection of the substances in your blood. The prosecution came to use this information to determine the level of impairment. When you face DUI charges, you can use this factor as a defense, especially when proving rising BAC.

Alcohol

Alcohol impairment wears off within a short time. This is because alcohol has a constant metabolism. Additionally, intoxication with alcohol is easily quantified, and the relationship between BAC and impairment is direct. Impairment increases with an increase in BAC. However, various factors like weight, gender, and food consumption can impact the rate of intoxication.

A driver can experience the symptoms of impairment even with a low BAC. This is because each person's body reacts differently to alcohol use. If your BAC exceeds the legal limit required for your license, you can face DUI charges. This happens regardless of your conduct and ability to make sober decisions. The BAC plays a critical role in securing a conviction for driving under the influence of alcohol.

Marijuana

Marijuana can impair your judgment for several hours, depending on your tolerance. Occasional users of marijuana may sober up faster than first-time users. First-time users may experience more pronounced effects. They include dizziness or extreme relaxation. On the other hand, frequent users may show less observable impairment.

Additionally, a blood test can detect the substance even after a few days or weeks in a frequent marijuana user. When a law enforcement officer stops your vehicle on suspicion of DUI, they will observe your symptoms to determine a probable cause for arrest.

Penalties of a Conviction

California law has strict DUI laws. Whether you face charges for driving under the influence of alcohol or marijuana, the consequences of your conviction can last a lifetime. The consequences will include incarceration, fines, probation, and license suspension. The severity of your penalties will vary depending on the reason for your intoxication.

Alcohol DUI

The penalties of a conviction for DUI vary depending on your criminal history. Since DUI is a “priorable” offense, your prior convictions can impact sentencing for a current offense.

First offense. After a conviction for a first DUI offense, you will face a jail sentence of up to six months. Additionally, the court may subject you to fines not exceeding $1,000. First-time DUI offenders can avoid jail time by negotiating a probation sentence with the prosecution.
Second offense. If you have a prior DUI conviction, the court considers you a second-time offender. Your conviction for a second DUI offense will result in a one-year jail sentence and a $1,000 fine. The court may also order you to complete an alcohol education program.
Third offense. A conviction for a third DUI offense within 10 years results in a maximum of one year in jail. Additionally, the court can impose a $1,000 fine.
Fourth offense. Prosecutors file felony charges against fourth-time DUI offenses. After a conviction for this offense, you will face a prison sentence of sixteen months, two or three years.

Marijuana DUI

Recreational and medical marijuana is legal for individuals over twenty-one years in California. However, if you operate a vehicle while impaired with marijuana, you face criminal charges. For a first offender, a conviction for driving under the influence of marijuana may face no jail time. The court reserves incarceration for repeat offenders and defendants with aggravating case circumstances.

For second and subsequent offenses, a conviction for DUI marijuana may result in a six-month jail sentence. Additionally, the court will impose fines and alcohol education programs.

Public Perception and Trends

Driving under the influence of alcohol is commonly accepted as a dangerous practice in California. There is a history of law enforcement campaigns and awareness creation. This is because many people understand the level of impairment that alcohol causes to drivers.

Under California law, it is legal to use recreational or medical marijuana. For this reason, marijuana DUI is less acceptable and more complex. Many individuals fail to understand how recreational use of marijuana can impact a driver's ability to operate safely.

Additionally, the lack of clear and consistent guidelines for measuring marijuana impairment challenges law enforcement and the legal system. Unlike alcohol, marijuana impairment is not easily quantifiable. This can lead to difficulties in prosecuting DUI marijuana cases.

Find a Reliable DUI Defense Lawyer Near Me

Driving under the influence (DUI) of drugs or alcohol presents a significant concern for public safety. You violate California DUI laws by driving under drug or alcohol influence. You are "under the influence" if the use of alcohol or drugs impairs your mental and physical abilities.

Alcohol and marijuana have distinctly different effects on the body and brain. This leads to varied risks and consequences when consumed before driving. When you face an arrest and charges for DUI, you must understand how marijuana DUI differs from alcohol DUI. The differences surround their effects on driving ability, limits, and legal repercussions.

The penalties of a criminal conviction for marijuana and alcohol DUI are severe and life-changing. At the Law Offices of Jonathan Franklin, we offer expert legal insight for our clients battling DUI charges in Los Angeles, CA. Call us at 310-273-9600 for much-needed legal insight.

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