How Does the Prosecutor Prove that I was DUI Marijuana under California Law?
To be convicted of a California Marijuana DUI under Vehicle Code 23152(a) VC, you must be impaired to such a degree that you no longer have the “ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances”. *It should be noted that there is no requirement that a California DUID charge specify of which drug you are under the influence. However, doing so makes the prosecutor’s case more credible. Here, we focus on a marijuana prosecution. In order to prove that you were DUI marijuana in California, the prosecutor typically relies on the following: • Your driving pattern, • Your physical appearance, • Your performance on the Field Sobriety Tests (FSTs), and • A chemical test revealing marijuana in your bloodstream. Numbers 1-3 will be introduced through testimony from the arresting officer and the Drug Recognition Evaluator (DRE). Number four will be presented through the testimony of a criminalist from your local law enf
