Marijuana DUI Attorney Orange County

Although cannabis is legal in California, driving under its influence can lead to serious criminal charges. If you were arrested for a marijuana DUI (also called THC DUI or cannabis DUID), you need a skilled Drug Attorney Orange County who understands the science and law behind these cases. Attorney Richard Wagner represents clients in Irvine and throughout Orange County facing marijuana DUI charges. (714) 721-4423.

Under California Vehicle Code § 23152(f), it is unlawful to drive a vehicle while under the influence of any drug—including THC. This includes:

• Smoking marijuana while driving (HSC § 11362.3)
• Having an open cannabis container in the car (VC § 23222)
• Being impaired by marijuana while operating a motor vehicle

Even though possession and use are legal for adults 21 and over, driving while high is not. It’s also illegal for passengers to smoke while in a moving vehicle and for drivers to transport cannabis in an open container unless stored in the trunk.

Most first DUI offenses are charged as misdemeanors under California Vehicle Code Section 23152. However, in certain circumstances—such as if your DUI caused injury to another person, or you have a prior felony DUI conviction—your first DUI can be charged as a felony.

Unlike alcohol, there is no legal threshold (like 0.08%) for marijuana. Prosecutors must prove that you were actually impaired—not just that THC was in your system. This makes marijuana DUI cases far more subjective, and that subjectivity can work in your favor.

Scientific studies—including those by the National Highway Traffic Safety Administration (NHTSA)—have found:

• THC is fat-soluble and remains in the body long after its effects wear off
• There is no consistent link between THC levels and impairment
• Frequent users may test positive even if they are completely sober

Attorney Wagner uses this scientific uncertainty to challenge the prosecution’s case, arguing that presence of THC does not equate to impairment at the time of driving.

• Is it illegal to drive high in California?  Yes, but the state must prove actual impairment.
• How long should I wait to drive after using cannabis?  Effects can last a few hours, but detection may persist for days.
• Can THC from passive smoke cause a DUI?  Studies show it’s possible to test positive, but passive exposure rarely causes impairment.
• What if I have a medical marijuana card?  Even medical cannabis users can be charged with DUID if impairment is suspected.

When THC is ingested—via smoking, vaping, or edibles—it enters the bloodstream and is stored in fat cells. It’s then slowly metabolized and eliminated from the body, which can result in detection long after effects have worn off.

Key facts about THC processing:

• Metabolized into 11-OH-THC (active metabolite) and then into THC-COOH (inactive)
• Presence of THC-COOH in blood or urine does not indicate impairment
• Blood tests can detect THC for days or weeks, especially in chronic users

These facts are critical to challenging a marijuana DUI case. Attorney Wagner may use expert toxicologists to testify on how THC behaves in the body.

Each marijuana DUI case requires a strategic defense tailored to the individual facts. Attorney Wagner investigates:

• Whether the initial traffic stop was lawful
• Whether any search and seizure violated your rights
• The qualifications and findings of the Drug Recognition Expert (DRE), if used
• The accuracy of blood or urine testing methods and lab chain of custody

He may also raise medical defenses or challenge the reliability of field sobriety tests when cannabis is involved.

The government’s own research has cast doubt on the validity of many cannabis DUI assumptions:

“Subjects in most of the simulator and vehicle studies typically drive slower, follow other cars at greater distances, and take fewer risks than when sober.” — NHTSA Marijuana-Impaired Driving Report to Congress

Another large-scale study from NHTSA found that after adjusting for demographics and alcohol use, the presence of THC did not significantly increase crash risk.

These findings support the position that marijuana presence in the bloodstream does not automatically mean someone was too impaired to drive.

The Impact of a Marijuana DUI Conviction

A marijuana DUI conviction in California can result in:

• Driver’s license suspension
• Thousands in fines and court fees
• Mandatory DUI school
• Probation
• Increased insurance premiums
• A criminal record that can affect employment, professional licensing, and more

Attorney Wagner works to get charges reduced, dismissed, or diverted—especially for first-time offenders and medical cannabis patients.

• Over 27 years of DUI and DUID defense experience
• Former DUI prosecutor with deep insight into courtroom strategy
• Highly rated: 10.0 AVVO rating, 5-star reviews on Google and Yelp
• Recognized by Southern California Super Lawyers and Top 100 Trial Lawyers
• Based in Irvine, serving clients throughout all Orange County courts 

Call: (714) 721-4423 now for a free, confidential consultation. Don’t let flawed science or overzealous policing destroy your future. Get help from an experienced Irvine marijuana DUI defense attorney today.

Other DUI Related Resources:

• • What is BAC?
  • California DUI 10-Day Rule
  • California DUI Information
  • Can I Get A Restricted License After A DUI?
  • DUI DMV Hearings
  • How Long Does a DUI Stay on Your Record
  • Refusing Blood and Breath Tests in DUI Cases
  • First DUI, Second DUI, Third DUI, Under 21 DUI
  • FAQS