Can You Get a DUI in Bakersfield for Driving After Using Marijuana?

Recreational marijuana is legal for adults in California.

Driving while impaired by marijuana is not.

A driver in Bakersfield may face DUI charges if police believe marijuana affected the driver's ability to operate a vehicle safely.

But marijuana DUI cases present evidence issues that can be very different from a typical alcohol DUI.

There is no simple marijuana equivalent of a .08 BAC

Alcohol DUI investigations often focus heavily on blood alcohol concentration.

Marijuana is different.

There is no directly comparable THC number that works like the familiar .08% BAC threshold for adult drivers.

That means prosecutors may need to rely more heavily on the overall evidence of impairment.

What do officers look for?

During a suspected marijuana DUI investigation, officers may consider observations such as:

• Driving behavior
• Coordination
• Speech
• Attention and concentration
• Performance on field sobriety tests
• Statements about marijuana use
• Marijuana or related items found in the vehicle
• Other physical signs officers associate with drug use

An officer may also seek chemical testing.

A blood test may detect THC

Blood testing may reveal THC or marijuana metabolites.

But detecting THC does not necessarily answer the most important question:

Was the driver impaired while driving?

The relationship between THC levels and impairment is more complicated than the relationship typically alleged between alcohol concentration and impairment.

Timing, frequency of use, individual tolerance, and other circumstances may become relevant.

Prior marijuana use is not necessarily proof of impairment while driving

A person may acknowledge using marijuana earlier without admitting that they were impaired when they drove.

Likewise, a positive chemical test does not automatically establish exactly when marijuana was consumed or how it affected that particular driver's ability to operate a vehicle.

The prosecution still has to establish the elements of the DUI charge.

Field sobriety tests can be challenged

Police may use field sobriety tests as part of a drug DUI investigation.

But performance can potentially be affected by factors unrelated to marijuana, including:

• Medical conditions
• Injuries
• Fatigue
• Anxiety
• Poor lighting
• Uneven surfaces
• Confusing instructions

Body-camera footage may help show how the tests were actually administered and how the driver performed.

Prescription or legal use does not make impaired driving legal

The fact that marijuana was legally purchased or used does not prevent a DUI charge.

The same general principle applies to many prescription medications.

The central issue is not simply whether the substance was legal to possess or consume. The issue is whether it impaired the person's ability to drive safely.

What you should do now

If you were arrested for a marijuana DUI in Bakersfield:

1. Do not assume a positive THC test proves impairment.
2. Write down when you last used marijuana and what you remember about the traffic stop.
3. Preserve any relevant medical or prescription information.
4. Have available body-camera and chemical-testing evidence reviewed.
5. Speak with a DUI lawyer who understands how drug DUI cases differ from alcohol cases.

A marijuana DUI case should be evaluated based on the complete evidence—not simply the fact that THC was detected.

Speak with a Bakersfield DUI lawyer today

If you are facing DUI charges in Bakersfield, Martens Law Firm can review the evidence, explain your legal options, and help protect your rights.

📞 Call (661) 590-0385 for a free consultation.

Written by Martens Law Firm