According to California Vehicle Code §23152, it is unlawful to operate
a motor vehicle while under the influence of alcohol, drugs, or both.
In order for an individual to be convicted of a
DUI, prosecutors must prove beyond a reasonable doubt that the person being
charged was intoxicated while driving.
It is much easier to determine whether an individual is under the influence
of alcohol while operate a vehicle, compared to proving the influence
of illegal drugs or controlled substances. Alcohol can be tested more
effectively through a breath or blood test, while drugs, specifically
marijuana, is more difficult since a breath or blood test will not provide
accurate calculation of intoxication. Marijuana could have been from a
previous day and the person may not be under the influence at all.
However, if a person has been charged with a DUI for being under the influence
a medicinal marijuana prescription is not a proper defense. When you compare alcohol with marijuana, alcohol is not illegal for people
over the age of 21, but it is still illegal for a person to consume it
and operate a vehicle. In a similar circumstance, marijuana is not illegal
if an individual an adequate medical prescription. Alas, it is illegal
for a person to operate a vehicle if they are under the influence or marijuana.
It’s imperative to understand that simply possessing a medicinal
marijuana prescription does to allow an individual the right to use marijuana
whenever they want, including before or when they drive a vehicle.
If you have been arrested and charged for a DUI while under the influence
contact The Law Offices of Robert F. Sommers and schedule a
consultation with our Ventura DUI defense lawyer today.