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Attorney Kirk Tarman Explains How A Marijuana DUI Can Be Defended

Quick answer

A marijuana DUI in California is harder to prove than an alcohol case because there's no bright-line THC limit like the 0.08% standard. Prosecutors rely on Vehicle Code 23152(a)—driving while impaired—supported by a drug-recognition expert, officer observations, and field sobriety tests, which is exactly the subjective evidence a defense can challenge.

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Answered by Kirk Tarman · San Bernardino County, CA

Highlights

0:48

— why the missing bright-line THC limit makes marijuana DUIs harder to prove

Frequently Asked Questions

Why is a marijuana DUI harder to prove than an alcohol case?

There's no bright-line THC limit like the 0.08% alcohol standard, so prosecutors rely on Vehicle Code 23152(a)—driving while impaired—supported by a drug-recognition expert, officer observations, and field sobriety tests, all subjective evidence a defense can challenge.

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Answered by

Kirk Tarman
The Law Offices of Kirk Tarman & Associates

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