What Does This Mean for Marijuana-Related DUIs? There is no other useful tool like a Breathalyzer test to see if you have been drinking. Driving under the influence of marijuana, on the other hand, is a very serious problem. Since marijuana became legal in several jurisdictions, there has been a rise in the number of DUI accidents. DUI will continue to be a concern in those states unless there is a reliable means to test for marijuana.
Police will have to guess whether the driver shows signs of marijuana weakness. Their claims may or may not stand up in court. Many people are also facing criminal accusations. As a result, marijuana-related driving under the influence is a complicated subject. On the other hand, in some states, including Rhode Island, driving under the influence of marijuana is considered illegal. But, other states rely on police evidence. It can be difficult to know what effect is expected for your marijuana DUI.
Challenges in proving Marijuana DUI.
Driving under the influence of alcohol is hard to prove. That’s because there are certain tests out there that can prove you’re addicted. But, there are currently no tests available to determine THC levels. The active and important ingredient in marijuana is THC. If you have consumed marijuana within 30 days of your arrest, it will be tested for THC levels. On the other hand, it is therefore difficult to determine when a driver has used marijuana. It’s also hard to determine how it affects their ability to drive. So, field sobriety tests are a good option to determine marijuana DUI. Still, they can be unreliable in court.
What is the Process of Marijuana DUI Testing?
A majority of people know how to get Marijuana DUI Test. After all, breathalysers have been used by cops for decades. When an officer pulls you over, he has the authority to exhale and instruct you to blow. The Breathalyzer number can then be used to determine whether you have exceeded the statutory limit. He may testify in court with your BAC to convince the judge that he was driving under the influence. The Breathalyzer uses simple science and is effective.
Unfortunately, testing marijuana DUI is not that very easy to do. There are a lot of challenges to testing marijuana. Because alcohol remains in your blood for a long time, a DUI blood test only detects alcohol, not marijuana. It acts in your brain, and determining how much is in you is tough. Marijuana is banned at the federal level. As a result, there aren’t lots of methods for measuring marijuana levels. Even if they can do it accurately, scientists cannot agree on the level of vulnerability. No specific amount of cannabis renders everyone incapable of driving. In its place, it appears that the drug has diverse effects on different persons.
Another cause of difficulty in marijuana DUI testing is drug metabolism. When you drink alcohol, alcohol hits your system just like any other person. But, marijuana comes in many forms. If you eat a marijuana cookie, it will take longer to metabolize than to smoke combined. You can drive right after your cookie and still be quiet. But these marijuana tests can show that marijuana is present in the body. You can get DUI even if you are quiet.
Can a driver decline a chemical alcohol test for marijuana?
Drivers in California are considered to have consented to chemical testing of alcohol and drugs if legally arrested for DUI. In California, this is known as the “implied consent” legislation. But, it’s vital to distinguish between pre-arrest roadside testing like saliva swabs and post-arrest DUI chemical tests on the driver’s blood or urine. On the other hand, an officer may ask a driver to blow into a hand-held Breathalyzer for primary alcohol screening (PAS) testing during a traffic stop or a DUI roadblock, for example.
- Submit marijuana and other medications for testing
- One or more field sobriety tests should be performed (e.g., one-legged standing position test).
- They can legally refuse to take all these tests unless the driver has been arrested yet.
- Can be done by the police on any suspect.