Legal Question in DUI Law in California

Marijuana and DUI

I was recently arrested for dui in califonia. I was given a blood test that night, and was released early in the mourning that day. The results from the test was a .04 bac level. My License was never suspended by the DMV never went to a hearing or anything. When i went to my court date i found out that they want to charge me for having marijauna in my blood. I am fighting the case but wondering what will the penalties be if any for this incident?


Asked on 5/09/09, 3:37 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Marijuana and DUI

I am glad you have an attorney who is fighting the case for you. Marijuana DUIs are nearly impossible to prove, so be optimistic.

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Answered on 5/09/09, 3:39 am
Terry A. Nelson Nelson & Lawless

Re: Marijuana and DUI

The actual penalties are up to the prosecutor and judge and your attorney to negotiate a 'deal' that both sides will agree to, or you can take it to trial if you refuse a deal and think you can win the trial. If you lose at trial you face sentencing for the full amount of the statute; either 6 or 12 months on each charge/count, depending upon how they charge you. If you're serious about getting counsel in this, feel free to contact me.

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Answered on 5/11/09, 1:42 pm


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