Marijuana DUI- What is a level of THC Delta 9 that is considered high or a level of impairment in the eyes of the law? 1st DUI

Asked about 1 year ago - Fresno, CA

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I only had THC in my system as I am permanently disabled and with a medical marijuana card. No other substances. Driving pattern was good not stopped for erratic driving.

No odor of marijuana nor possession of any in vehicle.

I gave blood. Can someone please give me a scale of levels vs. impairment etc.

When I get results I want to know what they mean in layman's terms.

Thank you.

Additional information

They are offering a "Wet Reckless" but that is pretty much the same as "DUI". I had drank some marijuana tea at 8am and got pulled over at 1am the next morning. I wan in no way impaired or influenced by the marijuana and I use it regularly for medical reasons.
Due to liver damaging prescription pill that I have been taking since 1998 my doctor advised the alternative pain alleviation of medical marijuana. I had been using since April 2011 and was cited in September of 2011. So Im sure it was in my system but I was not affected by the use from approximately 17hrs prior to stop. This is ludicrous for them to try to enact the law this way. They are currently trying to enact a law of NO TOLERANCE but at this time it is not so. With the way they are pursuing my case they think they can take the law into their own hands and charge me as if it were already so. I will take it to trial regardless. Do Public Defenders really work for you or are they sided with the D.A. as they are also county employees?????

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Attorney answers (4)

  1. Licensed in CA

    San Rafael DUI / DWI Attorney
    Contributor Level 19

    12

    Lawyers agree

    Answered May 01, 2012 23:18. Blood THC levels do not correlate to a level of impairment, in the way that alcohol does. Numerous factors apply and, while the prosecution may produce a Department of Justice toxicologist that will testify that high THC levels in the blood correlate with impairment, there are numerous studies that cast doubt on such claims, particularly for heavy users.

  2. Battle Creek DUI / DWI Attorney
    Contributor Level 18

    11

    Lawyers agree

    Answered May 02, 2012 04:40. Laws vary from state to state but in general operating under the influence if drugs does not require a certain level being present in the blood. It is the fact of their being present at all.

  3. Licensed in CA

    Redlands DUI / DWI Attorney
    Contributor Level 16

    7

    Lawyers agree

    Answered May 02, 2012 00:30. Knowing what they mean won't necessarily help you. Depending on any priors and circumstances surrounding the arrest, you may be able to get the charge reduced.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  4. Licensed in CA

    Newport Beach DUI / DWI Attorney
    Contributor Level 5

    4

    Lawyers agree

    Answered May 03, 2012 20:20. Asking what level of Delta 9 equates to impairment is a very loaded question because different experts will testify to the fact that different levels may cause impairment in different subjects.

    For example, some experts will testify that most people are impaired at a .05% blood alcohol level, while, others will say it's more like .07-.08%, but they all agree that .20% would be "impaired for the purposes of driving"

    To be sure, you'd need a blood split to verify the levels and an expert to look over the levels and the case.

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