Why Understanding Marijuana DUI Risk Is So Critical Now

Marijuana can impair driving and lead to a DUI charge even when you don’t feel “high,” because many states allow prosecution based on observed impairment or low per se THC limits (often 1–5 ng/mL). With legalization expanding and roadside testing increasing, more drivers face arrests triggered by odor, admissions, or blood results that don’t neatly correlate with impairment. This article explains today’s marijuana DUI standards, how THC testing works, common stop-and-arrest scenarios, and practical steps to reduce legal risk.

Ray Hrdlicka – Host – Attorneys.Media

“Well, that’s what I was about to ask you next, given the fact that California, marijuana is legal for, obviously, personal use. But how easy is that to pick up a DUI? I guess that’s the real easy question. How easy is that to pick up a DUI with legal marijuana use?”

Stuart Kirchick – Criminal Defense Attorney – San Jose, CA

“Yeah, very easy because it has a pretty strong scent, assuming someone hasn’t ingested a gummy. But if the cops do a typical car stop with a traffic code violation, vehicle code violation, not using a blinker or whatever, probable cause to make a stop for a traffic infraction and smells odor of marijuana, you’re going to likely be arrested for DUI, based on marijuana.”