Marijuana DUI Lawyer San Francisco
Defense For Drug-Related DUI Charges.
Why You Need a Marijuana DUI Attorney in San Francisco
California Vehicle Code § 23152(f) makes it illegal to drive under the influence of any drug, including cannabis. But unlike alcohol, California has no legal per se THC limit. Police cannot point to a number on a test and declare impairment. They rely on officer observations, field sobriety tests, and drug recognition evaluations to build their case, and all of those can be challenged.
THC stays in your system for days or weeks after use, even when you are no longer impaired. A positive blood test does not prove you were impaired at the wheel on the day you were arrested. That gap between a positive result and actual impairment is where these cases often fall apart. That is also why the San Francisco District Attorney’s office knows juries are not always sympathetic to charges built on drug recognition testimony alone.
The consequences of a conviction are still serious. A first offense can mean up to six months in county jail, fines and court assessments reaching several thousand dollars, a six-month license suspension, and three to five years of informal probation. A conviction goes on your criminal record and follows you to job applications, professional licensing, and immigration proceedings.
Ignoring the case can limit the options available later. How your attorney approaches the evidence from day one determines what options remain.
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How The Law Office of Valery Nechay Fights a Marijuana DUI Charge
The most important work in a marijuana DUI case happens before trial. Every piece of evidence the prosecution plans to use gets examined for weaknesses. The defense begins by asking the right questions from the very start.
Was The Stop Legal?
Every marijuana DUI case starts with a traffic stop. If the officer did not have a legal basis for pulling you over, the stop is unlawful, and the evidence that follows can be suppressed. A successful suppression motion can end the case before it reaches trial in the San Francisco Superior Court.
Valery Nechay reviews dashcam footage, body cam recordings, and police reports to identify whether the stop held up legally.
Do The Field Sobriety Tests Hold Up?
Field sobriety tests were designed and validated for alcohol impairment. They were not built to measure cannabis impairment. The horizontal gaze nystagmus test, for example, does not register THC effects the same way it registers alcohol effects.
A Drug Recognition Evaluator (DRE) may be called to testify. DRE certification does not automatically make an officer’s conclusions reliable, and DRE evaluations have been challenged in California courts. Those challenges are part of the defense toolkit.
What Does The Blood Test Actually Prove?
California uses blood testing to measure THC levels in marijuana DUI cases. Two problems arise regularly. First, THC metabolizes in ways that make it impossible to determine from a blood draw alone whether someone was impaired at the time of driving. Second, blood samples must be collected, stored, and tested under strict protocols. Any break in the chain of custody or flaw in lab procedure weakens the test result.
Valery Nechay reviews lab reports, storage records, and testing protocols in every case. Errors in this process are more common than most people expect.
Are There Diversion or Alternative Outcome Options?
In some marijuana DUI cases, depending on the specific facts and the defendant’s record, alternative resolutions may be available. California offers diversion options for certain drug-related offenses under Penal Code § 1000, though eligibility depends on the charges and circumstances. An attorney needs to evaluate whether any alternative path applies to your case before assuming the only option is trial or a standard plea.
Why Clients in San Francisco Choose The Law Office of Valery Nechay
Choosing who represents you in a marijuana DUI case is one of the most important decisions you make from the moment of your arrest. The DUI defense lawyer you choose should understand San Francisco courts, the science behind these charges, and how these cases are prosecuted locally.
Deep Roots in San Francisco Courts
Valery Nechay is a San Francisco native who completed her J.D. at the University of San Francisco School of Law and clerked in the felony unit at the San Francisco Office of the Public Defender, appearing and arguing in San Francisco Superior Court on behalf of clients at Department 11. DUI cases in San Francisco, including marijuana DUI charges, are prosecuted in that same building. Knowing how local courts and local prosecutors operate shapes how a case is prepared.
A Drug Crimes Practice Built on Real Cases
The Law Office of Valery Nechay handles drug crimes as a core part of the practice, including drug possession charges, drug cultivation cases, and federal drug charges. That depth of experience means understanding how the San Francisco DA’s office builds drug-related cases and where those cases are most vulnerable.
Valery has been recognized nationally as one of the top attorneys under 40 by the National Association of Criminal Defense Attorneys. She has spoken as an expert on plea bargaining at conferences organized by the U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs. She has also published on California criminal law reform in the ABA Journal. This is not a general practice firm that takes DUI cases as a sideline.
An Approach That Does Not Follow the Script
Clients describe Valery as someone who pursues angles other attorneys do not try. One client described how she negotiated informal diversion on a charge not normally eligible for that outcome. Another described how she tracked down and secured video surveillance evidence hours before it was scheduled to be deleted, which led to dismissal. In marijuana DUI cases, where the science is contested and the evidence is often challengeable, that willingness to go further makes a real difference.
She fights cases in San Francisco and across all nine Bay Area counties. She goes to trial when a trial is what the case requires. She does not pressure clients toward outcomes that serve convenience over results.
You can read more about her background and approach on her About page.
What Happens After a Marijuana DUI Arrest in San Francisco
A marijuana DUI arrest in San Francisco sets off a criminal case and a DMV case at the same time. Both have their own deadlines, and missing one can cost you options you cannot get back.
Stage 1: Arrest and Booking
After a marijuana DUI arrest, you are booked, typically by the San Francisco Police Department or the California Highway Patrol. The officer submits an arrest report and any evidence to the San Francisco District Attorney’s office. You should not make any statements to law enforcement beyond basic identifying information.
Stage 2: DMV Hearing Request
You have ten days from arrest to request a DMV hearing to challenge your license suspension. This is a separate proceeding from the criminal case and runs on its own timeline. Missing the window means your license is suspended automatically without a hearing.
Stage 3: Arraignment
After arrest, you appear in the San Francisco Superior Court for arraignment. You enter a plea. At this stage, the plea is almost always not guilty. We review the charges and any early evidence and flag problems right away.
Stage 4: Pre-Trial Motions and Discovery
This is where the real defense work happens. Your attorney requests all evidence the prosecution holds, including blood test results, lab reports, body cam and dashcam footage, and the officer’s notes. Motions to suppress evidence, challenge the stop, or challenge the test results are filed during this period. This stage can take several weeks to several months, depending on the case.
Stage 5: Negotiations or Preliminary Hearing
The DA may offer a plea deal. We evaluate the strength of the evidence and advise you on whether any offer makes sense given the specific facts. If no agreement is right for you, the case moves toward a preliminary hearing and then to trial.
Stage 6: Trial
If your case goes to trial at the San Francisco Superior Court, the prosecution must prove you were actually impaired at the time of driving, not just that cannabis was in your system. The science is contested. The defense challenges the blood results, the field sobriety testing, and the officer’s testimony. Most marijuana DUI cases in San Francisco resolve within three to twelve months. Cases that go to trial take longer.
Talk To a Marijuana DUI Lawyer in San Francisco
A marijuana DUI charge in San Francisco affects your license, your record, and your livelihood. The science behind these charges is genuinely contested, and the evidence is often challengeable, but only if your attorney knows where to look and is willing to push.
The Law Office of Valery Nechay represents clients facing marijuana DUI charges in San Francisco and across the Bay Area, including Alameda, Contra Costa, Marin, San Mateo, and Santa Clara counties. Every case is reviewed on its own facts. The strength of the blood test evidence, the legality of the traffic stop, and the officer’s observations all get examined carefully.
A free consultation is available. Contact The Law Office of Valery Nechay to go over the facts of your case and understand what your options are before deadlines begin to close.
Frequently Asked Questions About Marijuana DUI Cases in San Francisco
1. Can I refuse a blood test if police suspect marijuana DUI in California?
You can refuse, but California’s implied consent law under Vehicle Code § 23612 means refusal carries automatic penalties, including a longer license suspension.
2. Does a valid medical marijuana card protect me from a marijuana DUI charge?
No. A medical cannabis card does not protect you from a Vehicle Code § 23152(f) charge. Police can still charge you if they believe your driving was impaired, regardless of whether your cannabis use was lawful.
3. How long does a marijuana DUI case in San Francisco typically take?
Most cases in the San Francisco Superior Court take three to twelve months to resolve. Cases with contested blood test evidence or field sobriety disputes tend to take longer, especially if they go to trial.
4. Will a marijuana DUI conviction appear on my criminal record in California?
Yes. A misdemeanor conviction becomes part of your permanent criminal record. Depending on the outcome, options such as expungement may be available later. An attorney can advise you on what applies to your situation.
5. What if trace THC from legal CBD products shows up in my blood test?
Some CBD products contain trace amounts of THC that can appear in a blood test. If chemical results suggest impairment, charges may still be pursued. A defense attorney would need to challenge both the test result and the evidence of actual impairment at the time of driving.
Get a Free ConsultationAt the heart of The Law Offices of Valery Nechay is the belief that everyone deserves a criminal defense regardless of what they have been accused of. Contact Valery Nechay, the top criminal lawyer in San Francisco and the Bay Area, to begin your criminal defense today.