Dui

[Joe Fumeux]

San Diego (El Cajon), CA

Guys I need as best a reply as you can give me on this one. Tonight I was at my friends house and we are both legal California Medical Marijuana users. I had last smoked around 9 PM that night and left his house around 11:30 and was stopped at a DUI stop. When I pulled over I informed them that I had not had anything to drink (I dont really like to) and she asked if I had marijuana in the car to which I said yes because it was legal for me to own. But because this was a DUI stop they were convinced that I was under the influence of it so they pulled me over and gave me a full DUI test to which they said I failed on parts that made it apparent that I was under the influence of marijuana and I was feeling completely fine at that time. Except when I was taking the test it was pretty cold for me and I was nervous as hell as there were about 100 cops in that parking lot and what can I say, I was scared shitless. After they tested me they made me wait for a while and then decided to take me to the station to blood test me and they impounded my car and seized my vaporizer and what weed I had (less than a gram). They let me call my parents to come pick me up but they wrote me a ticket to which said I was being charged with a DUI for marijuana and for possession of marijuana. Does anyone know what this is going to mean for my license and what is or isn't going to go on my record. If nothing else at least let me know if anyone has these kind of experiences. Worst night of my life by far

 

[Mcgician]

Sorry to hear that man. Sadly, most likely you're fucked. There is no definitive way to evaluate THC levels in the bloodstream when it comes to California DUI law. Even if you hadn't smoked anything in more than 2 weeks, if you still test positive during their blood test, according to the law, you could still get pegged for a DUI. It's complete bullshit, and something needs to be done about it. Fact of the matter is, you were screwed the moment you told them you had weed in the car and had smoked earlier. The state is in the financial crapper, and they're out there trying to feed the pig anyway they can. DUI's are big money makers. As for what will happen next, you'll probably be able to plea down to a wet/reckless, but the only difference between that and a DUI is the fine. You'll lose your license for 30 days, then it will be considered restricted for the next 2 months after that. Then, you'll have to enroll in a mandated 12-26 week program in which all you do is sit and talk about not driving under the influence. Each session is 90 minutes. You'll also have to attend 6, 2 hour "education" courses in addition to your weekly bs meetings. You also will have to attend some AA meetings. Btw, the courses aren't free either. You'll have to pay for those too. Approximately $100-125 a months for those, in addition to the DUI court fine. Sorry to dump all this bad news, but truthfully, that's what you can expect. Ask me how I know. Cops, no matter what they tell you about being cooperative and truthful, will NOT help you. They are not your friends, and the way they distinguish themselves between their peers is despicably......by the amount of arrests they make. Pretty pathetic imo.

Oh, and after you're finished with jumping through all those hoops, you'll be put on a 3 year probationary period. This means that you won't be permitted to have ANY amount of alcohol in your system, even if it's less than .08. Your insurance rates will also skyrocket, which is probably the most painful of all the shittyness. You'll start receiving mail from all kinds of DUI attorneys as well. Do your research on them before you take the first one. The more expensive ones don't necessarily do anything more for you than a cheap one, just don't go with Pacific Law Center. That's a DUI mill, and you can insure you'll be treated like a number by them.

 

[Joe Fumeux]

See here is the thing. In a normal DUI case they immediately take your license and hold you in the cell overnight. But last night they never took my license (I can drive as much as I want right now) and I was in and out of there in about 2 hours. It was pretty confusing what all of them said, but it looks like this might not be a full dui if I can pull it off. Would you definitely recommend to get a DUI attorney for my court date? I actually wasn't sure if I needed one at all for this and if I did I was going to ask if it would be a good idea to look up some of the lawyers that specialize in defending medical marijuana patients. Let me know what you think of that. Thanks for all your help

 

[aTTicRaT]

I got a DUI for alcohol about four years ago they suck. They're more or less a money scam for the state, I spent about 8 grand. My best advice is to get an attorney quick and let him take care of it. It will cost you way less in the long run trust me.

 

[patlpp]

Here is an link that explains the tests. http://www.canorml.org/healthfacts/drugtestguide/drugtestdetection.html#blood

So doesn't California have a minimum ng/ml of THC that must be in the blood to be considered under the influence? I would say get a good lawyer since THC drops off after an hour. If you blew (so to speak) below 2 ng you should get out of it. Do you know what your level was?

 

[Murfy]

the michigan supreme court has just ruled that metabolized thc in the blood is NOT grounds for dui charges, i'm sure cali is not far behind, especially if the voe passes-

try to get adjourned until november, tha tmay change things

 

[Joe Fumeux]

Here is an link that explains the tests. http://www.canorml.org/healthfacts/drugtestguide/drugtestdetection.html#blood

So doesn't California have a minimum ng/ml of THC that must be in the blood to be considered under the influence? I would say get a good lawyer since THC drops off after an hour. If you blew (so to speak) below 2 ng you should get out of it. Do you know what your level was?

I have no idea what my level would have been due to the fact that the adrenaline going through me during the stop kind of made it hard to tell. But before then I felt fine and driving felt normal. I also smoke heavily and my tolerance level is extremely high, so I really have no idea what the level will be. Honestly I wasn't feeling it too much when they stopped me, the blood test didnt happen until almost 1 1/2 - 2 hours after that. I've emailed 3 lawyers that special in DUI cases and have a strong marijuana background and one has replied saying that I have a strong case, we'll see what the other lawyers say.

 

[Mcgician]

I'm not sure I'd advise putting off the case until later myself. There's no guarantee the legalization bill is going to pass, and no guarantee that any DUI laws are going to change as a result. Even less likely is that those laws will be retroactive. Fact of the matter is, the courts and the DMV are completely different, and even if you WIN YOUR CASE, the DMV still has the right to snatch your license from if they see fit. Nothing seems more fucked up than that if you ask me! Why have a justice system at all?


What you'll want to do more than anything else, is find an experienced attorney who's been doing these types of cases for a very long time, and perhaps rubs shoulders at the same country club as the judge who'll be ejudicating your case. Winning your case has more to do with "who you know" or "who knows who" than anything else imo.

 

[patlpp]

the michigan supreme court has just ruled that metabolized thc in the blood is NOT grounds for dui charges, i'm sure cali is not far behind, especially if the voe passes-

try to get adjourned until november, tha tmay change things

That's the key word ..metabolized (THC-COOH) Metabolized THC is also found in the urine test.. Blood tests can also test for non-metabolized THC but the problem for the law is that it dissipates so fast. By the time the perp is tested, 1 to 2 hrs may have passed, rendering the test useless. This is why a combination field sobriety test coupled with the judgement of the cop, along with the blood test will weigh in on the final outcome.

 

[EagleEyeHamThrust]

Here is an link that explains the tests. http://www.canorml.org/healthfacts/drugtestguide/drugtestdetection.html#blood

This is a very interesting study. According to some of the data from the Drummer study in Australia, THC levels of over 5 ng/mL in the blood corresponds to an impairment greater than of that to someone at the average legal limit for alcohol. The general consensus is that anyone who argues that alcohol doesn't impair driving ability is an idiot. I've always felt that the same should go for marijuana, however people constantly argue that the numbers for MJ causing accidents aren't there.

This could be for a few reasons:

1. Blood tests aren't taken at most accidents. Breathalizers are very common. Any other disorientation could be chalked up to the stress of the accident instead of being high.

2. Alcohol is extremely common, and is consumed much more frequently on average than marijuana. There are national campaigns against drunk driving raising awareness. Police specifically target vehicles leaving known drinking establishments such as bars and clubs on peak business nights which has increased the number of alcohol impaired drivers caught.

3. Marijuana doesn't impair function for everyone. Some people handle it fine and others don't. Perhaps MJ really doesn't increase risk.

Looking at the chart of inhaled marijuana, it shows blood levels of THC reaching 140 ng/mL right after smoking up, which a sharp decrease, reaching about 5 ng/mL after 2.5 hours. That would be about the level of THC of the OP at the time of his DUI stop. If that's true, some studies have shown an impairment at that level, and the police may have been taking someone who shouldn't have been driving off the road, regardless of how the OP felt about his condition at the time.

Now, to be fair, impairment is different for everyone. Some people can drive fine after downing a 12 pack of beer, and others can't handle a third that. Another factor is sleep deprivation. If you haven't been getting much sleep, a single beer in conjunction with that sleep debt has been shown to cause an impairment. Sleep deprivation even by itself is extremely risky, with some studies showing that driving after 24 hours without sleep is similar to being over twice the legal limit of alcohol.

I think it's very interesting to see this data. I want to do some more reading, because over 5 ng/mL could be a misleading figure. It doesn't say that the people were just over 5 ng/mL, it could be that they were including people who are blazed at around 140 ng / mL and were able to still get a high culpability ratio when they included the participants all the way down to the 5 ng/mL.

Another interesting thing about some of the other studies is that they come to the conclusion that THC in the blood leads to no impairment, but it doesn't say what levels. Seems kind of odd to take such a black-and-white view of things. It's like doing an alcohol driving study where half the participants have a beer, and the other half don't. When no impairment is found, they conclude that alcohol doesn't effect driving. To be a more accurate study they'd need to chart BAC vs driving impairment. I need to read more.

Either way, I'm not saying the OP was actually a danger on the road. I'm just saying that more studies should be done to gather better data.

 

[irishwyrick]

your not going to be able to plea out, the DUI will stick if they get you so don't bank on that. get your police report because how that is written will determine your case. any lawyer that says you have a strong case without seeing the police report is full of shit and out for money. sit down with all your paperwork and have a consult with a few different lawyers if they say they will plea it down or reduce the charges don't even bother paying for there services. in ca there is whats called the first offender package and that is the bare minimum you'll get. i wouldn't plea guilty either. if your chances look slim fight it with a free or low coast public defender. if you loose you'll still only get the first offender package but you'll have more cash to pay your fines. as for the dmv they will be sending you paperwork soon saying you don't have a license and if you abject you must appeal. make the call and appeal. they will set a hearing date 2-4 months away and you get to drive till your hearing. about 2 days before your hearing call and say your lawyer can not make that date and time and they will push it out another month keep doing this till after your court date so you have a license. start calling insurance company's now and find the cheapest Sr22 insurance you can and buy a year policy before the DUI is on your driving record to save some more money.
i just went through this. i got my DUI 1/1/10 and was convicted 4 months later so i feel your pain. oh yeah and your car is gone for 30 days and that will be $1200-$2000 to get it out. they crushed mine because i was racing (there go's $12k) but keep your head up this is just a small set back. it costs alot but in 3 years you can have it ex-sponged and sealed so its like it never happened. feel free to ask me anything else. pm me if you dont want to put it on blast for everyone to read

good luck and i hope you beat it

 

[Mcgician]

There is not a mandatory 30 day hold of your vehicle for first offense. Secondly, there is no exponging of vehicle code violations......period. Now that, truly sucks.

 

[irishwyrick]

There is not a mandatory 30 day hold of your vehicle for first offense. Secondly, there is no exponging of vehicle code violations......period. Now that, truly sucks.

you could not be any more wrong on ether subject.
http://www.duiexpungement.com/California_Penal_Code/Section_1203.4.asp

and its called the Vehicle Impound Program
http://www.dui.com/dui-library/california/laws/seize-vehicle

as i said I'm going through all this right now and things may have been different when you got a dui but times have changed

 

[bajafox]

That sucks man, I live in SD too and I've noticed an increase in DUI check points and CHP's on the freeways. I don't drive unless I have to and never with anything illegal in my truck. My wife is a legal user and the only time we have it in our car is from the collective to our house. It sucks but the city is broke and they are going to make up for their debt anyway they can. We need to vote out those idiots in November (in San Diego) and put people in charge who know how to spend our tax dollars.

I got a DUI for alcohol about four years ago they suck. They're more or less a money scam for the state, I spent about 8 grand. My best advice is to get an attorney quick and let him take care of it. It will cost you way less in the long run trust me.

They are not a scam, they are strict penalties to prevent people from driving under the influence. It works for me, I can't afford $8000 on top of the tax dollars they rape us for, not to mention insurance rates.

 

[Mcgician]

you could not be any more wrong on ether subject.
http://www.duiexpungement.com/California_Penal_Code/Section_1203.4.asp

I think you misunderstood what I said. In the previous post before that, I mentioned that the DMV and a person's criminal record are two completely different things. Sure, one might be able to expunge their dui after they've completed their 3 year probabionary period, but that won't stop it from remaining on the person's DRIVING RECORD. The DMV doesn't give two shits about how a person's court case works out, and somehow, ridiculously by law, doesn't have to.

and its called the Vehicle Impound Program
http://www.dui.com/dui-library/california/laws/seize-vehicle

as i said I'm going through all this right now and things may have been different when you got a dui but times have changed

You need to reread the very link you posted. I found this smack in the middle of it.

"The bill, signed into law by Gov. Arnold Schwarzenegger, will create the Sacramento County pilot project to impound vehicles for up to 30 days if their motorists are arrested for a repeat offense of driving under the influence."



One other thing, I'm no expert when it comes to insurance laws and policies, but unless the DMV finds you guilty of DUI, you're not required to hold an SR-22. In my case, my insurance company did not release me back into the realm of reasonable insurance rates until 3 years after my conviction date- not arrest date. I could be wrong about how this works, and maybe I got bent over by my insurance company longer than I was supposed to, but they were adamant about that being the way it works. Point being, the longer you put off the court case, or the hearing, the longer it will be till you get out of this mess.

 

[irishwyrick]

I think you misunderstood what I said. In the previous post before that, I mentioned that the DMV and a person's criminal record are two completely different things. Sure, one might be able to expunge their dui after they've completed their 3 year probabionary period, but that won't stop it from remaining on the person's DRIVING RECORD. The DMV doesn't give two shits about how a person's court case works out, and somehow, ridiculously by law, doesn't have to.



You need to reread the very link you posted. I found this smack in the middle of it.

"The bill, signed into law by Gov. Arnold Schwarzenegger, will create the Sacramento County pilot project to impound vehicles for up to 30 days if their motorists are arrested for a repeat offense of driving under the influence."



One other thing, I'm no expert when it comes to insurance laws and policies, but unless the DMV finds you guilty of DUI, you're not required to hold an SR-22. In my case, my insurance company did not release me back into the realm of reasonable insurance rates until 3 years after my conviction date- not arrest date. I could be wrong about how this works, and maybe I got bent over by my insurance company longer than I was supposed to, but they were adamant about that being the way it works. Point being, the longer you put off the court case, or the hearing, the longer it will be till you get out of this mess.

i stand corrected! my car was impounded for 30 days because i was racing, not just because of the dui

 

[eyes ableed]

ughhh man i feel for you some state trooper tried to pull one on me like that last monday. Its fucked up cause he started it off saying okay it reeks of marijuana in the car i know you smoked your eyes are bloodshot, it is in your best interest to be honest with me...OOOO trueeee (you can go suck one bitch) no i did not smoke, no i am not high i woke up at 3 am dropped my mom off at the airport smoked a little at 8am its 3pm at the moment. The only reason i said i smoked earlier was because we just blazed 20 min b4 with the ac on so it def stunk and my boy was with his gf still in the car(i was driving clocked at 90mph in a 65) so i didnt want to get ratted out with a girl who ive never seen react towards cops before. But bro just be as calm as you can cops fienddd on bugging people out who they think are high, see it for what it is an older pathetic man trying to bring down someone because weed causes so many problems in reality ; ) fucking faggots. Never admit to smoking no matter what if the 2 with me werent i wouldve gave this trooper a much more blow to the ego then getting away with being ripped and speeding while my boy got his car searched cause i was driving and got a bullshit 2nd possesion charge of only half a gram. at the end of the day there bullys and if you cant stand up for yourself when you know whats going on is wrong its gonna keep bugging you out