Why Expert Attorneys Master Marijuana DUI Defense Strategies Now?
Video Transcript
Marijuana DUI arrests are rising as legalization expands, but impairment is harder to measure because THC levels don’t reliably match driving impairment. Unlike alcohol DUIs, these cases often hinge on subjective observations, roadside tests, and contested lab results. This article explains why expert attorneys are essential now and outlines key marijuana DUI defense strategies, from challenging stops and field sobriety tests to disputing chemical evidence and proving alternative explanations.
Ray Hrdlicka – Host – Attorneys.Media
“In criminal defense? Do you attack that? Because if it’s not fact based, and if there’s not black and white… And especially that study you just mentioned, does it fly in court? And I guess that’s the question.”
Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA
“It does…for marijuana, it does. So, because in a marijuana DUI, you’re just doing… what we call…it’s complicated. Because with a DUI charge, there’s two charges. The first one is California vehicle code 23152 A…which is just driving while you’re impaired, which doesn’t have a bright line rule. And then, California vehicle code 23152 B, which is driving with a 0.08 or above.
Now you’ll see, prosecutors will focus on the B count, because that’s the one they know they can prove. The A count, which is driving while impaired…is something that is a little bit more nebulous. It doesn’t have quite as much structure to it, where you have to fall back on the drug recognition expert, the police officer, saying, based upon his observations, and these field sobriety tests, the person was driving impaired.”