Not that long ago, marijuana was illegal. Today, it is permissible for medical and recreational use. You can even grow it yourself at home. However, you cannot smoke and drive. The same thing is true for THC-infused edibles and other products. They’re legal to consume, but can land you in hot legal water if used incorrectly. Add in the wide range of prescription drugs on the market and the conflicting web of state and federal laws, and it can become very confusing.
If you are facing a charge of DWI, or driving while impaired, it is essential that you find a criminal defense attorney with significant experience representing clients in this area. At Gasner Criminal Law, we’ve successfully represented many clients in DWI cases throughout California, and we can do the same for you. Call us today at 415-782-6000.
Under California law, driving while under the influence of drugs is treated the same way as driving under the influence of alcohol. If you are under the influence of drugs, then you will be charged with DWI under California Vehicle Code Section 23152(e) VC. If the officer determines you are under the influence of both drugs and alcohol, then you will be charged under California Vehicle Code Section 23152(f) VC.
Both DUI and DWI are usually started in the same way – through officer observations. Police officers look for telltale signs of driver intoxication or driving under the influence, such as:
Any of these signs can be enough to give an officer probable cause to pull you over. On inspection, the officer will look for additional signs that impairment may be present, including:
If the officer notices any of these signs, they may decide to arrest you for DWI. However, because there is so much subjectivity here, it is very possible that an officer will decide to mistakenly arrest a driver who is not under the influence.
There are many possible outcomes to being arrested and found guilty of DWI. A first offense may see you facing 15 days in jail, up to $2,000 in fines, probation, suspension of your license, and mandatory drug and alcohol classes. A second offense could mean up to a month in jail and additional penalties, while a third offense could put you in jail for several months with permanent revocation of your license in addition to financial penalties.
Defending against DWI charges is difficult, and will require the help of an experienced criminal defense attorney. Adam Gasner has worked for years to represent drivers in California’s courts, and has had charges reduced and clients acquitted. Do not try to go it alone – you deserve a criminal law specialist on your side.
Contact Gasner Criminal Law today by calling 415-782-6000 or using our online contact form to schedule a free 60-minute consultation.