45+ Years Criminal Defense
Experience in California
Yes, you can get a DUI for smoking marijuana. Driving under the influence of a controlled substance is typically punishable as a misdemeanor. It is usually difficult for the prosecution to prove that you were under the influence of a controlled substance, since a breathalyzer test will not detect if you are under the influence of drugs. Therefore, it is near impossible for a prosecutor to determine how much drugs you had consumed and whether that amount was significant enough to inhibit your driving abilities.
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