Monthly Archives: December 2014

The Actual Statute

Here is the actual DUI statute for those that are interested. It is found in the California Vehicle Code. Attention should be paid to subsection (a) (b), and (e). 23152(e) is new, it was recently created to single out driving under the influence of drugs, like Marijuana as the earlier posts dealt with.

23152.  (a) It is unlawful for a person who is under the influence
of any alcoholic beverage to drive a vehicle.
   (b) It is unlawful for a person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
   For purposes of this article and Section 34501.16, percent, by
weight, of alcohol in a person's blood is based upon grams of alcohol
per 100 milliliters of blood or grams of alcohol per 210 liters of
breath.
   In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.08 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.08 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after the driving.
   (c) It is unlawful for a person who is addicted to the use of any
drug to drive a vehicle. This subdivision shall not apply to a person
who is participating in a narcotic treatment program approved
pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of
Part 3 of Division 10.5 of the Health and Safety Code.
   (d) It is unlawful for a person who has 0.04 percent or more, by
weight, of alcohol in his or her blood to drive a commercial motor
vehicle, as defined in Section 15210.
   In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.04 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.04 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after the driving.
   (e) It is unlawful for a person who is under the influence of any
drug to drive a vehicle.
   (f) It is unlawful for a person who is under the combined
influence of any alcoholic beverage and drug to drive a vehicle.
   (g) This section shall become operative on January 1, 2014.



Courtesy of http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=23001-24000&file=23152-23229.1
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Marijuana DUI’s: Part Two

As a San Diego DUI Attorney, I have been reflecting on the last post regarding the Marijuana DUI issue and the potential implications for society in general. A couple of quick thoughts I wanted to share:

(1) I am not advocating impaired driving.  This has nothing to do with that. That is a common tactic of those advocating in favor of strict driving under the influence laws; that is, to vilify anyone who starts to question the laws in and of themselves.   You are dismissed and labeled as crazy, someone who doesn’t care about safety. The reality is, I am questioning the evidence. There is no evidence, at least that I have seen, that Marijuana impairs your ability to drive.   It is really that simple.

(2) Speaking of evidence, there is no scientific evidence that can determine what level of impairment is too high, if any. That is a major problem. The fear is that an arbitrary number will be set to silence those advocating strict Marijuana DUI laws.  The problem with Marijuana and many drugs, is that they stay in your system long after any impairment is gone.  Studies have shown, that a regular marijuana smoker will also have the impairment level in his blood, even when not impaired.

(3) The implications of this could be devastating for a well functioning society.  The whole concept of Marijuana DUI’s is shaky enough, and the thought of an individual being arrested, and convicted in court of a DUI, simply for having marijuana in his system is outrageous.  What also is horrifying if you smoke marijuana on a regular or non-regular basis, and you simply have it in your system even though you are not impaired is getting involved in a auto accident.  If this happens, and someone is injured, you are potentially facing a DUI with Injury, which can lead to serious prison time, if not for the rest of your life. Especially, for those individuals previously convicted of a DUI with alcohol, you are facing serious, serious time.

(4) If you can go to prison or jail simply for having Marijuana in your system, which is essentially what the crime is, you are in a police state. There is no other way to look at.   This is not what the founding fathers had in mind.

Marijuana DUI’s: The future? Looks like it.

An interesting article in the Union Tribune recently on what level of marijuana should be legally allowed in your system for the DUI laws. The article is here:

http://www.utsandiego.com/news/2014/dec/06/drug-drive-marijuana-law-limit-dui/

This has been an issue for some time now in Criminal courts throughout the country and it is just starting to get mainstream attention. With all the frenzy of those actively embracing the legalization of Marijuana, one little fact has seemed to escape them and that is that law enforcement is now targeting marijuana DUIs. So the issue becomes, as the article put it, how stoned is too stoned?

Lets ask Ron Paul:

That used to be the common thinking. DUI with Marijuana was laughable. Many in the article, and all throughout the courthouses and country advocate for zero tolerance. Currently, in the state of Washington where Marijuana was legalized, it is zero tolerance for this under 21.  Therefore if you are under 21, and you have any marijuana in your system, and you are driving, you are guilty of driving under the influence.  What’s that? You smoked two weeks ago? Too bad.

As the article stated:

“Drugged driving is on the increase. Nearly twice as many California drivers tested positive for drugs than alcohol in a recent study, and 30 percent of drivers in the state’s fatal crashes tested positive for an impairing drug, according to state officials.”

Is drugged driving on the increase? I doubt it. Are they now testing for it? That sounds more like it. Did 30% of the drivers in the states fatal crashes test positive for an impairing drug?  That is certainly possible. It would be nice to know who the state official was though. It would also be nice to know what is classified as an impairing drug? Does that include caffeine? What percentage out of that 30% was the impairing drug marijuana?  Out of that percentage, what percentage was only marijuana? I have a feeling it is a real small number. If it is was a big number, i have another feeling that we would already know what the number is.

Maybe Marijuana DUI’s are a legitimate concern, but we all need to remember that if we are going to throw people in jail, we should really have more information about the harm they are actually causing, or could potentially cause.  Or make sure to have enough money for your kids and grandkids to have a chauffeur.

Welcome!

Welcome to the San Diego DUI Defense wordpress blog. This blog is dedicated to the DUI laws, how they are enforced in San Diego, and the overall effect to the community on the issue of drinking and driving.

This blog will be unbiased, looking at only the facts.

 

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