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Can You Get a DUI in Bakersfield for Marijuana Use?

Posted by Christopher Martens | Apr 08, 2026 | 0 Comments

Can You Get a DUI in Bakersfield for Marijuana Use?

Many people assume that because marijuana is legal in California, it cannot lead to a DUI.

In Bakersfield, that assumption can be costly.

You can be charged with DUI if marijuana use impairs your ability to drive safely, even if the substance itself is legal.


DUI is based on impairment

Unlike alcohol-related DUIs, there is no specific legal limit for marijuana.

Instead, the focus is on whether:

  • Your driving was impaired
  • Your judgment or reaction time was affected
  • You were unable to operate a vehicle safely

This makes marijuana DUI cases more subjective.


How marijuana DUI cases are investigated

Law enforcement may rely on several factors, including:

  • Driving behavior
  • Officer observations
  • Field sobriety tests
  • Statements made during the stop
  • Blood test results

Because THC can remain in the body long after use, testing does not always clearly show current impairment.


Why these cases can be challenged

Marijuana DUI cases often involve complex issues, such as:

  • Whether impairment actually existed at the time of driving
  • How long before driving the substance was used
  • Whether test results accurately reflect impairment
  • Alternative explanations for observed behavior

These cases are not always straightforward.


What you should do if you are charged

If you are facing a marijuana-related DUI in Bakersfield:

  1. Do not assume the charge is automatic
  2. Avoid discussing your case with others
  3. Preserve any information about timing and usage
  4. Document your recollection of events
  5. Speak with a DUI lawyer as soon as possible

Early legal guidance can help you understand your options.


Speak with a Bakersfield DUI lawyer today

If you are facing a DUI charge in Bakersfield related to marijuana use, Martens Law Firm can review your case and help you navigate the process.

📞 Call (661) 336-9335 for a free consultation.

Written by Martens Law Firm

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.

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