How To Understand Marijuana DUI Discretionary Arrest Rules

Police can arrest you for a marijuana DUI in many states even without a specific THC “legal limit” if they have probable cause of impairment. Discretionary arrest rules typically rely on observations like driving behavior, field sobriety test performance, odor, and admissions, sometimes combined with chemical tests. This article explains how marijuana DUI discretion works, what evidence officers use, and how these cases are challenged in court.

Ray Hrdlicka – Host – Attorneys.Media

“Well, isn’t that more subjective…if there’s not a quantitative number that can be assigned to that…isn’t that more subjective of who stops you? And then, of course, the district attorney in prosecution.”

Stuart Kirchick– Criminal Defense Attorney – San Jose, CA

“Absolutely, you know, like most offenses, officers have a lot of discretion on whether to make an arrest, and it’s a low standard of proof, probable cause. And then down the line, they will take your blood, they will test it, there will be a numerical value of THC in your system.

But at the end of the day, it’s not going to matter. Because the law doesn’t say…you’re okay if you’re under this much THC, or you’re in violation of the law if you’re over that much THC. So, at the end of the day, the DA’s office is going to prosecute. If your driving really wasn’t that bad and it’s just a typical traffic infraction, you may be able to get it reduced, like a DUI gets reduced to a wet reckless, for instance. But, you know, that’s where we’re at right now, under today’s current law.”