Re: DUI Marijuana Advice Request (California)
Ron is 100% correct about the reckless reduction. It is very unlikely to get reduced to a "dry" reckless in your circumstances.
Although he is also correct about the prima facie determination of impairment with regard to drugs, the term "largely a subjective determination" could be a little misleading. While there is no prima facie amount of drugs (whether weed, meth, or prescription meds) in your system that legally presumes impairment, proper articulation of impairment is based on quite objective indicators. It is the same with alcohol impairment. People refuse breath tests, thus avoiding any evidence of a specific BAC, and are still convicted of alcohol DUI regularly. That's because there are objective observations that a trained officer can testify to in court that are scientifically (and court) accepted as reliable indicators of impairment. Proper training to observe, measure, and articulate these indicators regarding drugs is not as common among police officers as is the training for alcohol...but the training is quickly catching up. So, how defensible your case is will depend heavily on the training of your arresting officer and how well he/she articulated you indicators of impairment in the report.
In some jurisdictions, prosecutors are actually less inclined to offer reductions or other plea deals for DUI-Drugs than they are for DUI-Alcohol. DUI-Drugs is a "hot topic" in some communities and the prosecutors want to show they are actively combating the problem. Also, they want to get their DRE and ARIDE trained officers on the stand, both to give those officers testimonial experience and to familiarize their judges with the technicalities of drug impaired evaluation and evidence.
A local DUI attorney will be able to review the particular circumstances of your case and evaluate your chances of fighting the charge or for a negotiated plea deal. If you qualify for a public defender, PDs in most jurisdictions are at least as experienced with DUI cases as the private attorneys that specialize in DUI.
Your mention of the prior public intoxication implies that you are currently on a deferment that likely includes a suspended sentence and probation. This charge, even if reduced, will likely violate that probation and you can expect a reinstatement of that suspended sentence in addition to any consequences for the fresh DUI.
Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.