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Why Can You Be Charged with DUI for Using Marijuana in a Parked Vehicle?Though recreational marijuana is legal in California, there are still many restrictions on how you can use it. For instance, you are not allowed to have marijuana in an open container in your vehicle. When transporting marijuana, it must be in a sealed container. Using marijuana in a parked vehicle may be a violation if you are near a public place where use is restricted, such as a school. There is also the possibility that you could be charged with driving under the influence of marijuana if you are caught using the substance in a parked vehicle.

Marijuana DUI Without Driving

A police officer does not need to have witnessed you driving in order to arrest you on suspicion of DUI involving alcohol, marijuana, or other drugs. There may be circumstantial evidence that you had recently been driving, such as:

  • Where your vehicle is parked
  • Whether the vehicle is still running or the keys are in the ignition
  • Whether you are sitting in the driver’s seat

Combining this evidence with a reasonable suspicion that you are impaired from marijuana use may be enough for the police officer to arrest you for DUI.

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