US-CaliforniaCan I be charged with DUI for driving under the influence of marijuana?
Yes, you can be charged with DUI for driving under the influence of marijuana in California—even if you have a medical or recreational license.
What the Law Says
California law prohibits driving while impaired by any drug—including marijuana—regardless of legality or tolerance. Unlike alcohol, there is no per se blood THC limit; instead, prosecutors must prove actual impairment.
Under Vehicle Code § 23152(f), it is illegal to drive “under the influence of any drug” or “under the combined influence of alcohol and drug.” Marijuana is explicitly included as a prohibited drug.
The law defines “under the influence” as when a person’s mental or physical abilities are so impaired that they cannot drive with the caution of a sober person under similar circumstances.
California also enforces implied consent: drivers automatically agree to chemical testing (blood or urine) if lawfully arrested for DUI. Refusing testing triggers a one-year license suspension under VC § 23612(a)(1)(A).
Statutory TextIt is unlawful for a person who is under the influence of any drug to drive a vehicle.
— Vehicle Code § 23152(f) — Driving under the influence of drugs
Statutory TextIf a person refuses to submit to, or fails to complete, a chemical test… the department shall suspend the person's privilege to operate a motor vehicle for a period of one year.
— Vehicle Code § 23612(a)(1)(A) — Implied consent and refusal consequences
What Courts Have Said
California courts have consistently held that marijuana use—even lawful use—does not excuse impairment behind the wheel.
Affirmed that medical marijuana cardholders are not exempt from DUI prosecution; impairment—not legality—is the legal standard.
Held that THC metabolites alone (e.g., inactive carboxy-THC) cannot prove impairment; prosecution must show active impairment at time of driving.
What to Do
If stopped, remain calm and polite—but you are not required to admit use or consent to field sobriety tests (FSTs) or preliminary alcohol screening (PAS).
If arrested, submit to a chemical test (blood preferred over urine) to avoid automatic license suspension.
Contact a DUI defense attorney immediately—especially one experienced in drug-related DUIs, as evidence like toxicology reports and officer observations require expert challenge.
Request a DMV Administrative Per Se (APS) hearing within 10 days of arrest to contest license suspension.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.