Seven Steps to Follow If You Get a Weed DUI

If you get a Weed DUI then here are some tips to follow to prevent it from becoming an even more serious issue. Keep in mind that In California, the penalties for DUI of marijuana are virtually identical to DUI of alcohol. However, unlike alcohol, with marijuana there is no “per se” limit as to the concentration a motorist can have in his or her blood. And there is controversy about whether and to what extent marijuana impairs a person’s driving ability. This allows for more opportunity to challenge a DUI marijuana charge in court.

STEP 1: Cooperation is essential anytime you are pulled over by the police, even in situations where you are pulled over because the officer suspects that you are intoxicated. Avoid starting arguments or balking at the requests of the police officer. Instead, follow their instructions as carefully and closely as you can. Failing to comply or making things difficult for the officer could lead to negative consequences when your case goes to court.



STEP 2: If the police officer arrests you for driving under the influence, they will take you to the police station in the back of their car. Your car will most likely be towed. As the owner, you are responsible for covering the towing expenses. The police will provide you with the company’s contact information so that you can get your car back after you are released. Reach out to the towing service as quickly as possible so that you can retrieve your vehicle and pay your towing fees.

STEP 3: Getting processed at the police station takes time. It isn’t uncommon to have to wait for a couple of hours. If you are a first-time offender, the booking process will be even slower. The police will take your fingerprints as well as a photo for your mug shot – this may go online. You may be interviewed by an officer or investigator about your actions. During this time, the police will also allow you to reach out to your lawyer if you disagree with the charges against you.


STEP 4: The amount of time that you are held at the police station can vary based on a lot of different factors. Some of those factors include whether or not you have a criminal record, how old you are, how severely intoxicated you are, and where you are located. If necessary, you will be allowed to contact a bail bondsman or someone that you know to pay your bond and to pick you up from the police station. Depending on the circumstances of your arrest, you may be sent to jail right away. At a minimum, however, you will usually be at the police station for several hours before all of the details surrounding your DUI are taken care of.

STEP 5: If the police charge you with driving under the influence of cannabis, the next step is usually to show up in court for sentencing. You can either hire your own lawyer or the court will appoint one for you. Visit for more information to prepare for court. Always act respectfully in court. Tell the truth whenever you are asked questions. If you don’t show up for your court date, a warrant will usually be issued for your arrest by the presiding judge.

The penalties for DUIs involving cannabis in California are summarized in the following chart:

DUI offense

(drugs and/or alcohol)

Possible penalties
1st DUI Up to 6 months jail; $390-$1,000 fine; 3 or 9 months DUI school; 6 – 10 months suspended license (convertible to restricted license).
2nd DUI 96 hours – 1-year jail; $390-$1,000 fine; 18 or 30 months DUI school; 2 years suspended license (convertible to restricted license after 12 months).
3rd DUI 120 days – 1 year jail; $390-$1,000 fine; 30 months DUI school; 3 years revoked license (restricted license possible after 18 months).
Misdemeanor DUI w/injury 5 days – 1-year jail; $390-5,000 fine (plus restitution to injured parties); 3, 18 or 30 months DUI school; 1 – 3 years revoked license.
Felony DUI 16 months, 2 years or 3 years state prison; $390-$1,000 fine; 18 or 30 months DUI school; 4 years revoked license.
Felony DUI w/injury 16 mos.-16 yrs. state prison; $1,015-5,000 fine (plus restitution to injured parties); 18 or 30 mos. DUI school; 5 years revoked license.

STEP 6: Oftentimes, DUI offenders are ordered to participate in court referral or community service programs. If this applies to you, make sure to follow through with the program as soon as you can. That way, you can let the court know right away that you have completed the requirements of your sentence. Take care of any court fines as quickly as possible, as well.


STEP 7: Depending on where you live, a DUI charge will remain on your record for at least a few years. In some places, it will stay on your record forever. Anytime you apply for a job, employers will be able to look at these records to decide whether or not they want to offer you the position. If you are thinking of searching for a job soon after your DUI, consider being upfront about it with potential employers. Discussing it with them gives you a chance to explain your actions. It also keeps it from seeming like you are trying to hide your record.