Skip to content

Call Us Free 1-866-722-7861

Low Cost SR22 Insurance

  • Home
  • About Us
    • SR22 Insurance Testimonials
  • FAQ
  • Free SR22 Quote
  • Resources
  • Contact Us
  • By State
    • California SR22 Insurance
    • Nevada SR-22 Insurance
    • Washington SR22 Insurance
    • Oregon SR22 Insurance
    • Arizona SR22 Insurance

CALIFORNIA CANNABIS DUI

January 14, 2020

Scott Elford

CALIFORNIA CANNABIS DUI

May 18, 2022January 14, 2020 by Scott Elford

On January 2018,  California became the eighth state to legalize marijuana. While cannabis may now be legal to possess a California Cannabis DUI is possible if driving under the influence of marijuana. So how do authorities test for THC impairment for drivers in California?  Read on to find the answers to all your cannabis DUI questions in California.

How Does Law Enforcement Test For THC Impairment?

Unlike Alcohol or other drugs, Marijuana stays in a person’s blood stream several weeks after the drug has been consumed.  There is no THC level like the one for blood alcohol of 0.08%. In California, and there are no simple tools like the Breathalyzer to instantly gauge if someone’s driving impaired. California does employ drug recognition officers trained specifically to conduct tests and identify cannabis DUI impairment, They start with a field sobriety tests. If you fail, that can give them probable cause to arrest you.  The following are field sobriety tests.

Horizontal Gaze Nystagmus Test

The horizontal gaze nystagmus test is administered by an officer moving an object from side to side in front of a person’s face. They do this is to try and detect an involuntary jerking of the eye associated with high levels of intoxication. A person’s eye will reportedly jerk naturally after being strained beyond a 45 degree angle, but if the eye begins to jerk at or before moving 45 degrees, CA police officers can reference this reaction as evidence that a driver is under the influence.
The National Highway Traffic and Safety Administration (N.H.T.S.A.) estimates that these tests are 77% reliable.

Walk and Turn Test

The walk and turn test splits a suspected Marijuana DUI offender’s attention between physical and mental tasks. Also known as the “walk the line test”, the officer provides instructions to the suspected offender and watches to see if any of the following occur:

  • Loss of balance
  • Wrong number of
  • steps taken
  • Cannot stay on the line
  • Stops and starts when walking the line
  • Starting before instructed

N.H.T.S.A. estimates that this test is effective 68% of the time.

One Leg Stand Test

Another divided attention test, during the “one leg stand” an officer will instruct the suspect to raise his or her foot, hold still, count, and look down. An officer may arrest the suspect if any of the following behaviors are observed:

  • Swaying
  • Hopping
  • Putting foot down

N.H.T.S.A. estimates that this test is effective 65% of the time.

Blood or Urine Test

A urine test is not common, but if officers are unable to administer a blood or breath test, you are required to take a urine test. For Cannabis, blood, and urine tests are a flawed system, as blood and urine tests cannot to determine when Marijuana was last consumed as THC stays in the body for weeks after consumption. Breath testing technology does not have the ability to detect Marijuana, as of now.

Saliva Drug Swab Test

Law enforcement is now testing using drug swabs at DUI checkpoints. The test is roughly eight minutes long and uses a person’s saliva to detect THC, crystal meth, methadone, cocaine, and several other prescription medications.The tests work by detecting trace amounts of drugs in California driver’s saliva, but there can be traces of some drugs in your saliva up to three days after consuming them. For this reason these swab tests are not considered 100% reliable to get a court conviction for a California Cannabis DUI.

Penalties For California Cannabis DUI

 

Like any other instance of DUI, a cannabis DUI is typically charged as a misdemeanor. The penalties imposed would depend on the case and the defendant’s prior DUI convictions.

 

For a first time conviction under the California Vehicle Code Section 23152(e) VC the following can apply.

  • driving license suspension for a period of 6 months for a first-time conviction.
  • A minimum fine of $390 and a maximum of $1,000
  • 3 months or more in DUI school
  • Have a SR-22 Insurance Policy in force for 3 years

The period of suspension may be longer with a record of prior DUI convictions.  The punishments increase with second and third convictions.

 

 

 

 

 

 

 

 

Categories CALIFORNIA CANNABIS DUI
Post navigation
CALIFORNIA IGNITION INTERLOCK
Safety Driving Tips

About the author

Scott Elford has worked in the Property and Casualty Insurance Industry since 1988. In 1995 Scott started Pacific Sun Insurance Service as the industry changed thru the years Scott created E-sr22filing.com to help people who had lost their driving privilege get it back with easy online sr22 insurance quotes and same day sr22 filings. With 34 years insurance experience and holding 7 different insurance licenses you can rest assured that Scott and the fine folks at Pacific Sun will take care of any sr22 needs you may have.

Leave a Comment Cancel reply

Reach out to us for a consultation.

Get your free online sr22 insurance quote from Pacific Sun Insurance Services/E-SR22Filing.com. We have been in business for over 23 years with a combined 51 years of experience in the insurance industry.

  • Twitter
  • Facebook
  • LinkedIn

Contact us

PO Box 992814, Redding, CA 96099

Toll-Free Phone: 1-866-PACSUN1

Local 1-530-244-8447

© 2018 Pacific Sun Insurance Services - All rights reserved.

Privacy Policy
  • Home
  • About Us
    • SR22 Insurance Testimonials
  • FAQ
  • Free SR22 Quote
  • Resources
  • Contact Us
  • By State
    • California SR22 Insurance
    • Nevada SR-22 Insurance
    • Washington SR22 Insurance
    • Oregon SR22 Insurance
    • Arizona SR22 Insurance