Marijuana DUI Attorney in Kern County

Drugged Driving Defense Lawyer Bakersfield

Expert Defense Against VC § 23152(f) & Cannabis DUI Charges in Bakersfield, Delano, Ridgecrest, Wasco & All Kern County

Ridgecrest, Wasco & All Kern County

Arrested for marijuana DUI in Kern County? Despite California’s legalization of recreational cannabis, driving under the influence of marijuana remains a serious criminal offense carrying the same penalties as alcohol DUI—license suspension, jail time, thousands in fines, mandatory drug education programs, and a permanent criminal record. Unlike alcohol with its 0.08% BAC standard, marijuana DUI cases lack objective legal limits, relying instead on subjective officer observations and unreliable Drug Recognition Expert opinions.

Attorney Armando Josué Cespedes provides aggressive marijuana DUI defense throughout Kern County—Bakersfield, Delano, Ridgecrest, Wasco, Arvin, Shafter, Tehachapi, McFarland, California City, and every Kern County community. Perfect 5.0 Avvo rating with 34 five-star reviews and three consecutive Client’s Choice Awards (2023, 2024, 2025).

Marijuana DUI prosecutions are scientifically flawed. THC presence doesn’t prove impairment. Field sobriety tests designed for alcohol don’t detect cannabis impairment. Blood tests show THC days or weeks after use. We challenge these weak cases aggressively.

Free Confidential Consultation: (888) 315-3326 | Available 24/7 | Hablamos Español

Understanding Marijuana DUI Law in California

Vehicle Code § 23152(f) – Driving Under the Influence of Drugs

The Law: It is unlawful for a person who is under the influence of any drug to drive a vehicle.

Elements Prosecution Must Prove:

1. You drove a vehicle
2. You were under the influence of a drug (including marijuana/cannabis)
3. Your ability to drive was impaired to an appreciable degree

Critical Difference from Alcohol DUI:

• NO “per se” limit for marijuana (unlike 0.08% BAC for alcohol)
• Prosecution must prove actual impairment
• THC presence alone is insufficient
• Must show driving ability was affected

What Is “Under the Influence” for Marijuana? According to California jury instructions (CALCRIM 2110), a person is under the influence of marijuana if, as a result of using marijuana, their mental or physical abilities are so impaired that they are no longer able to drive with the caution of a sober person, using ordinary care, under similar circumstances.

Vague Standard: Unlike alcohol’s clear 0.08% threshold, marijuana impairment is subjective and based on:

• Officer observations of driving
• Physical symptoms (red eyes, odor)
• Performance on field sobriety tests
• Drug Recognition Expert (DRE) evaluation
• Blood test showing THC presence

California’s Marijuana Legalization and DUI

Proposition 64 (2016) – Adult Use of Marijuana Act: California voters legalized recreational marijuana for adults 21 and over in November 2016. According to the ^[1]California Department of Cannabis Control^[1], adults can legally:

• Possess up to 28.5 grams of marijuana
• Grow up to 6 plants at home
• Purchase marijuana from licensed dispensaries

BUT – Driving Remains Illegal:

• Legal to use marijuana, illegal to drive under its influence
• Same criminal penalties as alcohol DUI
• Zero tolerance for marijuana and driving combined

VC § 23222(b) – Open Container:

• Illegal to drive with open container of marijuana or marijuana product
• Infraction: $100 fine (if 21+)
• Misdemeanor if under 21

Kern County Marijuana DUI Enforcement

According to the ^[2]California Office of Traffic Safety (OTS)^[2], marijuana DUI arrests have increased significantly since legalization:

Rising Marijuana DUI Cases:

• Statewide drugged driving arrests increasing
• Kern County law enforcement agencies aggressively enforce marijuana DUI
• CHP conducts specialized drugged driving enforcement operations
• Drug Recognition Experts (DREs) deployed throughout county

Common Enforcement Locations:

• Highway 99 corridor (Bakersfield to Delano)
• Interstate 5 (major trafficking route)
• Highway 58 (Bakersfield to Mojave)
• Downtown Bakersfield
• Sobriety checkpoints (detect marijuana and alcohol)

Law Enforcement Agencies:

• California Highway Patrol^[3]: Primary marijuana DUI enforcement
• Bakersfield Police Department^[4]: City enforcement, DRE officers
• Kern County Sheriff’s Department^[5]: Unincorporated areas
• Municipal police departments

Penalties for Marijuana DUI in Kern County

First Offense Marijuana DUI (Misdemeanor)

Criminal Penalties:

• County jail: Up to 6 months
• Fines: $390-$1,000 plus penalty assessments (total $1,800-$2,800)
• Probation: 3-5 years
• DUI school: 3-9 months (same as alcohol DUI)
• Community service: Varies
• Victim impact panel

DMV License Suspension:

• 6-month suspension (4-month if take chemical test)
• Immediate restricted license available with ignition interlock device (IID)
  • Note: IID required even though marijuana DUI (no breath test for marijuana—IID prevents alcohol use)

Additional Consequences:

• Permanent criminal record
• Employment consequences (commercial drivers, jobs requiring driving)
• Insurance rate increases
• Professional license discipline
• Immigration consequences for non-citizens

Second Offense Marijuana DUI

Penalties:

• County jail: 96 hours to 1 year (minimum 96 hours mandatory)
• Fines: $390-$1,000 plus assessments
• DUI school: 18-30 months
• License suspension: 2 years (can get restricted license with IID after 1 year)
• Probation: 3-5 years

Third Offense Marijuana DUI

Penalties:

• County jail: 120 days to 1 year (minimum 120 days mandatory)
• Fines: $390-$1,000 plus assessments
• DUI school: 30 months
• License suspension: 3 years (restricted license with IID after 6 months)
• Designated Habitual Traffic Offender (HTO)
• Probation: 3-5 years

Marijuana DUI Causing Injury (Felony VC § 23153)

Penalties:

• State prison: 16 months, 2, or 3 years
• Additional 3-6 years for great bodily injury enhancement
• License revocation: Up to 5 years
• Fines: $1,015-$5,000 plus assessments
• Victim restitution (medical bills, lost wages)
• STRIKE offense if great bodily injury

Why Marijuana DUI Cases Are Different (and Weaker)

No “Per Se” Legal Limit

Alcohol DUI Has Clear Standard:

• 0.08% BAC = automatic violation (VC § 23152(b))
• Breathalyzer provides immediate roadside result
• Well-established correlation between BAC and impairment

Marijuana DUI Has NO Standard:

• No legal THC limit (unlike some states)
• Presence of THC in blood doesn’t prove impairment
• THC can remain in system for days or weeks after use
• No correlation between THC blood levels and impairment

Scientific Reality: According to the ^[6]National Highway Traffic Safety Administration (NHTSA)^[6], there is no scientific consensus on THC blood concentration levels correlating to impairment. Chronic users can have high THC levels while completely sober.

THC Blood Tests Are Unreliable for Proving Impairment

THC Metabolism:

• THC (delta-9-tetrahydrocannabinol) is active ingredient in marijuana
• After use, THC enters bloodstream and is metabolized into THC-COOH (inactive metabolite)
• THC-COOH can remain in blood for days or weeks

Blood Test Problems:

1. Detection Window: Blood tests detect THC and metabolites days/weeks after use
2. No Impairment Correlation: High THC levels don’t necessarily mean impairment
3. Chronic Users: Regular marijuana users maintain elevated THC levels constantly
4. Time Since Use: Blood test can’t determine when marijuana was used

Example: You smoke marijuana on Friday night. Arrested for marijuana DUI on Monday morning. Blood test shows THC presence. You were sober Monday but THC still in system from Friday.

Result: Blood test proves marijuana use (legal), NOT driving impairment (illegal).

Field Sobriety Tests Don’t Detect Marijuana Impairment

FSTs Designed for Alcohol: Standard Field Sobriety Tests (Walk-and-Turn, One-Leg Stand, Horizontal Gaze Nystagmus) were designed and validated for alcohol impairment only.

Marijuana Affects Body Differently:

• Marijuana doesn’t cause same balance/coordination issues as alcohol
• HGN test (eye test) doesn’t detect marijuana
• Walk-and-Turn less reliable for marijuana
• Medical conditions, nervousness, environmental factors affect FST performance

According to NHTSA Research: Field Sobriety Tests have not been validated for detecting marijuana impairment. Many sober people fail FSTs due to medical conditions, age, weight, footwear, or anxiety.

Drug Recognition Experts (DREs) Are Subjective

What Is DRE? Officers trained in 12-step Drug Influence Evaluation to detect drug impairment.

DRE 12-Step Process:

1. Breathalyzer (rule out alcohol)
2. Interview arresting officer
3. Eye examination (pupil size, HGN, lack of convergence)
4. Divided attention tests (Romberg balance, walk-and-turn, one-leg stand, finger-to-nose)
5. Vital signs (pulse, blood pressure, temperature)
6. Dark room examination (pupil size in darkness)
7. Muscle tone examination
8. Injection site examination (check for needle marks)
9. Suspect’s statements and interview
10. Opinion of evaluator (which drug category)
11. Toxicology examination (blood/urine test)
12. Written report

Problems with DRE Evaluations:

• Subjective: Based on officer’s opinion, not objective science
• Unreliable: Studies show DRE accuracy rates vary widely
• Biased: Officer already believes you’re impaired before evaluation
• Alternative Explanations: Medical conditions, fatigue, anxiety mimic drug symptoms
• No Validation for Marijuana: DRE program primarily validated for alcohol, cocaine, methamphetamine

DREs in Kern County: Bakersfield PD, CHP, and Kern County Sheriff have trained DRE officers. We challenge DRE testimony aggressively through cross-examination and expert witnesses.

Common Scenarios Leading to Marijuana DUI Arrests

Medical Marijuana Patients

Scenario: You have valid medical marijuana recommendation. You use marijuana legally for chronic pain. Days later, pulled over for minor traffic violation. Officer smells marijuana, conducts FSTs, arrests you for DUI.

Defense:

• Medical marijuana use is legal
• THC in blood from legal prior use, not current impairment
• Prescription medication doesn’t automatically mean impairment
• Officer can’t distinguish current impairment from residual THC

Recreational Users Arrested Days After Use

Scenario: You smoke marijuana Friday night (legal). Sunday afternoon, involved in minor accident. Officer suspects DUI, conducts investigation. Blood test shows THC. Arrested for marijuana DUI.

Defense:

• Blood test proves legal marijuana use days ago, not Sunday impairment
• THC metabolites remain in system for days/weeks
• No impairment at time of driving
• Accident caused by other factors (other driver’s fault, road conditions)

Combined Alcohol and Marijuana

Scenario: You consume small amount of alcohol and marijuana. BAC is 0.05% (under legal limit). Officer arrests you for combined influence of alcohol and marijuana.

Defense:

• Alcohol under legal limit
• Marijuana use was legal
• No evidence combined substances caused impairment
• Officer’s observations explained by nervousness, medical conditions

Marijuana Odor Without Impairment

Scenario: Passenger in car was smoking marijuana. You’re driver and sober. Officer smells marijuana, assumes you’re impaired, conducts FSTs. You refuse blood test or test shows minimal THC from secondhand smoke.

Defense:

• Odor doesn’t prove impairment
• Passenger was smoking, not driver
• You weren’t impaired
• Refused unreliable blood test (or minimal THC from secondhand exposure)

Powerful Defenses to Marijuana DUI Charges

1. No Impairment – You Were Sober

The Law: Prosecution must prove you were actually impaired, not just that THC was in your system.

What We Prove:

• You drove normally (officer’s report shows good driving)
• You performed FSTs adequately
• You appeared alert, coherent, responsive
• THC in blood from prior legal use (days/weeks earlier)
• No evidence of actual impairment at time of driving

Evidence:

• Dashcam video showing normal driving
• Your testimony about when you last used marijuana
• Witness testimony you appeared sober
• Medical records showing you’re chronic user with tolerance
• Expert toxicologist testimony THC levels consistent with prior use, not current impairment

Result: Cannot prove actual impairment = not guilty

2. Challenge Blood Test – THC Doesn’t Prove Impairment

The Law: Blood test showing THC presence is insufficient to prove marijuana DUI.

What We Prove:

• THC detected was from legal use days/weeks earlier
• You’re medical marijuana patient with prescription
• You’re chronic user who always has THC in system
• Blood test can’t determine when marijuana was used
• THC levels don’t correlate to impairment

Expert Witnesses: We retain forensic toxicologists who testify:

• THC metabolizes and remains in blood for extended periods
• No scientific correlation between THC blood levels and impairment
• Chronic users maintain elevated THC levels while sober
• Blood test cannot determine timing of marijuana use
• Detection of THC-COOH (inactive metabolite) proves past use only

Result: Blood test evidence discredited or excluded

3. Challenge Drug Recognition Expert (DRE) Evaluation

What We Challenge:

• DRE evaluation is subjective opinion, not science
• DRE indicators have alternative medical explanations
• DRE made conclusion before completing evaluation (confirmation bias)
• DRE not properly trained or certified
• DRE examination improperly conducted

Cross-Examination Topics:

• “Isn’t it true DRE program has never been validated for marijuana impairment?”
• “Red eyes can be caused by allergies, fatigue, contact lenses, correct?”
• “Muscle rigidity can be caused by medical conditions, nervousness, correct?”
• “You believed my client was impaired before you even started the evaluation, correct?”
• “Nothing in your evaluation can determine when marijuana was used, correct?”

Expert Witnesses: We hire experts who critique DRE methodology and explain alternative causes for observed symptoms.

Result: DRE opinion discredited, jury sees evaluation as unreliable

4. Medical Marijuana Defense – Legal Use

The Law: Medical marijuana use is legal in California. Legal drug use doesn’t automatically constitute DUI.

What We Prove:

• You have valid physician’s recommendation for medical marijuana
• You use marijuana legally for chronic condition (pain, PTSD, anxiety)
• Your marijuana use is prescribed medication
• You weren’t impaired at time of driving
• THC in blood from ongoing legal treatment

Evidence:

• Medical marijuana recommendation
• Medical records documenting condition
• Physician testimony about your treatment
• Your testimony about marijuana use for medical purposes

Argument: “Just as diabetic using insulin isn’t automatically impaired, medical marijuana patient isn’t automatically impaired. Legal use of prescribed medication doesn’t equal DUI.”

Result: Creates reasonable doubt about unlawful impairment

5. Challenge Traffic Stop – Fourth Amendment Violation

The Law: Officer must have reasonable suspicion to stop your vehicle.

What We Challenge:

• Stop based on “hunch” you were impaired
• Stop for minor traffic violation as pretext to investigate marijuana DUI
• No reasonable suspicion of DUI
• Officer racial profiling (targeting young drivers, minorities)

Evidence:

• Dashcam showing minimal or no traffic violation
• Officer’s report lacks factual basis for stop
• Pattern of similar stops by same officer

Result: Illegal stop = all evidence suppressed = case dismissed

6. Refuse Blood Test – No Evidence of THC Level

Refusal Consequences:

• 1-year license suspension (DMV administrative penalty)
• Refusal can be mentioned at trial
• BUT – no blood test evidence for prosecution to use

Strategic Consideration: In marijuana DUI cases, refusing blood test may be strategic:

• Blood test would show THC from prior legal use
• Jury might mistakenly believe THC presence = impairment
• Without blood test, prosecution relies only on officer observations (weaker)

We Argue: “You had constitutional right to refuse unreliable blood test. Absence of test proves nothing about impairment.”

Note: Refusal is complex decision with tradeoffs. We advise clients on whether to submit to testing.

7. Alternative Explanations for Officer’s Observations

Officer’s “Symptoms” of Marijuana Use:

• Red/bloodshot eyes
• Odor of marijuana
• Slow/delayed reactions
• Cotton mouth
• Dilated or constricted pupils

Alternative Explanations:

• Red eyes: Allergies, lack of sleep, contact lenses, dry air
• Marijuana odor: Passenger was smoking, you transported marijuana (legal), clothing absorbed odor
• Slow reactions: Nervousness, anxiety from police encounter, medical conditions
• Cotton mouth: Dry air, anxiety, dehydration
• Pupil size: Lighting conditions, medical conditions, prescription medications

Evidence:

• Medical records documenting conditions
• Witness testimony
• Photos of lighting conditions
• Your testimony about allergies, fatigue, etc.

Result: Alternative explanations create reasonable doubt

8. Rising THC Defense / Timing Issues

The Law: Illegal to drive while impaired, not to have THC in system hours later.

What We Prove:

• You used marijuana after driving (not before)
• Blood drawn hours after arrest, THC levels rose during that time
• THC was being absorbed when driving (minimal impairment) but peaked when tested

Examples:

• You smoked marijuana in car after pulling over (not while driving)
• You consumed marijuana edible before driving; effects didn’t occur until later
• Time delay between driving and blood draw allowed THC to rise

Result: Reasonable doubt about impairment at time of driving

9. Challenge Field Sobriety Tests

What We Challenge:

• FSTs designed for alcohol, not validated for marijuana
• Medical conditions affected performance (injuries, balance problems, age, weight)
• Environmental factors (uneven road, poor lighting, officer’s instructions)
• Nervousness caused poor performance
• Officer’s subjective scoring biased

Evidence:

• Medical records showing conditions affecting balance
• Video showing poor testing conditions
• Your testimony about anxiety, medical issues
• Expert testimony FSTs unreliable for marijuana

Result: FST evidence excluded or discredited

10. Negotiate Reduced Charges

What We Negotiate:

• Reduce VC § 23152(f) to “wet reckless” (VC § 23103.5)
• Reduce to “dry reckless” (VC § 23103) with no mention of drugs
• Reduce to exhibition of speed (VC § 23109)
• Reduce to traffic infraction

When Available:

• Weak prosecution case (no blood test, weak DRE evaluation)
• First-time offender
• Minimal evidence of impairment
• Alternative explanations for officer’s observations
• Medical marijuana patient

Benefits:

• Avoid DUI conviction
• Reduced fines, shorter probation
• Shorter or no DUI school
• Less severe license consequences
• Better for employment, insurance

DMV Administrative Hearing – Marijuana DUI

Separate DMV Proceeding

Just Like Alcohol DUI: DMV automatically suspends license for marijuana DUI arrest.

Critical Deadline: Must request DMV hearing within 10 days of arrest or license automatically suspends.

Administrative Per Se (APS) Hearing:

• Conducted by DMV hearing officer
• Prosecution presents evidence (officer testimony, blood test)
• We cross-examine officer
• Present defense evidence

DMV Must Prove:

1. Officer had reasonable cause to stop you
2. Officer had probable cause to arrest you
3. You were driving under influence of marijuana

Defense Strategy:

• Challenge officer’s observations
• Challenge probable cause for arrest
• Argue blood test doesn’t prove impairment
• Cross-examine officer before criminal trial (preserve testimony)

Possible Outcomes:

• Set Aside: No suspension
• Suspension Upheld: License suspended per schedule, but can get restricted license with IID

Ignition Interlock Requirement: Even for marijuana DUI, DMV requires IID for restricted license. IID tests for alcohol (ironic since marijuana DUI, but law requires it).

Marijuana DUI vs. Alcohol DUI – Key Differences

Similarities:

• Same criminal penalties (jail, fines, probation, DUI school)
• Same license suspension periods
• Same IID requirements
• Same probation terms

Critical Differences:

Prosecution’s Burden: Marijuana DUI cases are MUCH harder for prosecution to prove because:

• No objective per se standard
• Blood test doesn’t prove impairment
• FSTs unreliable
• DRE evaluations subjective
• Must prove actual impairment (difficult)

Kern County Courts Handling Marijuana DUI

Main Justice Building (Bakersfield)

Address: 1215 Truxtun Avenue Bakersfield, CA 93301 (661) 868-5393

Handles:

• Marijuana DUI arraignments
• Pretrial hearings
• Jury trials

Metropolitan Courthouse (Bakersfield)

Address: 1415 Truxtun Avenue Bakersfield, CA 93301

Handles:

• Traffic and DUI arraignments

Regional Courts

Delano Courthouse 1122 Jefferson Street, Delano, CA 93215 Western Kern County marijuana DUI cases

Ridgecrest Courthouse 325 South China Lake Boulevard, Ridgecrest, CA 93555 Eastern Kern County cases

Mojave/Tehachapi Courthouses Limited DUI jurisdiction

Why Choose Tu Defensor Criminalista for Marijuana DUI Defense

Scientific Expertise

• Understanding of THC metabolism and pharmacology
• Work with forensic toxicologists
• Challenge unreliable blood tests
• Explain scientific limitations to juries

DRE Challenge Experience

• Extensive cross-examination of Drug Recognition Experts
• Hire experts who critique DRE methodology
• Expose DRE subjectivity and bias

Medical Marijuana Defense

• Understand California medical marijuana laws
• Defend legal medical marijuana patients
• Coordinate with physicians
• Present compelling medical necessity defense

Trial Experience

• Not afraid to take marijuana DUI cases to trial
• Jury education on THC/impairment science
• Aggressive cross-examination
• Expert witnesses

Kern County Experience

• Regular appearances in Kern^[7][7]County Superior Court^[7]
• Knowledge of local DRE officers
• Relationships with^[8]Kern County District Attorney^[8] prosecutors
• Understanding of local jury attitudes

DMV Hearing Expertise

• Fight DMV administrative suspensions
• Cross-examine officers
• Preserve testimony for trial
• Maximize driving privileges

Proven Results

• Perfect 5.0 Avvo rating
• 34 five-star client reviews
• Three consecutive Client’s Choice Awards (2023-2025)
• Numerous marijuana DUI dismissals and reductions

Bilingual Services

• Complete representation in Spanish (Hablamos Español)

Frequently Asked Questions – Marijuana DUI

Contact Tu Defensor Criminalista for Kern County Marijuana DUI Defense

Marijuana DUI cases are scientifically flawed and beatable. Blood tests don’t prove impairment. Field sobriety tests aren’t validated for marijuana. DRE evaluations are subjective. Don’t plead guilty to weak charges.

Protecting Your Rights. Challenging Weak Science. Fighting Marijuana DUI Throughout Kern County.