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What You Must Know About Marijuana Vs Alcohol DUI Defense

Quick answer

How does marijuana DUI differ from alcohol in California? There's no numeric threshold for marijuana, explains San Jose attorney Stuart Kirchick. Alcohol has a per se limit—0.08% blood-alcohol—but California, unlike Colorado, sets no specific THC amount. So even a light marijuana buzz behind the wheel can lead to a DUI arrest, as long as officers have probable cause of impairment.

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Answered by Stuart Kirchick · San Jose, CA

Highlights

0:08

— why there's no numeric threshold for marijuana like alcohol's .08

Frequently Asked Questions

How does marijuana DUI differ from alcohol?

There's no numeric threshold for marijuana—alcohol has a per se limit of 0.08% blood-alcohol, but California, unlike Colorado, sets no specific THC amount, so even a light marijuana buzz behind the wheel can lead to arrest if officers have probable cause of impairment.

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Stuart Kirchick
The Law Offices of Stuart D. Kirchick

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