Marijuana and DUI Driving in Palm Springs: What You Need to Know

Unlike alcohol, there are no reliable, court-accepted breath tests for marijuana impairment. So when a police officer suspects you’re under the influence of MJ, they rely on other observations:

• Red, bloodshot eyes

• The smell of marijuana in your vehicle or on your breath

• Marijuana visible in the car (especially near snacks like your Twinkies)

• Any statements you make about recent use

Did you know having marijuana in an open container inside your vehicle is just like having an open beer? California Vehicle Code §23222(b) makes it an infraction to possess marijuana in an unsealed, accessible container in your car.

Even if it’s less than an ounce or medically prescribed, if a cop can smell it, he’ll assume you’ve been using it—and that’s all the more reason for him to investigate further. Keep it sealed, out of reach, and avoid unnecessary suspicion.

Yes, the officer can—and likely will—ask you to perform Field Sobriety Tests (FSTs). These aren’t as standardized or scientifically accepted as those for alcohol, but they’re still used as evidence in court.

If you’re arrested, a blood test may be taken. But unlike alcohol, there’s no legal threshold amount of THC that automatically proves impairment in California. Since marijuana can stay in your system for days or weeks (depending on usage and your body), a positive blood test doesn’t necessarily mean you were high while driving.

If you’re pulled over, remember: you are not required to tell the officer when you last smoked. Don’t make their job easier. It’s up to law enforcement and prosecutors to prove impairment—don’t hand them the evidence with your own words.

DUI MJ cases are tricky, but we’ve handled countless ones successfully. Our team understands how to challenge the weak points of the prosecution’s evidence—and we know how to win.