Wednesday, February 20, 2013

Crazy California DUI "drugged driving" bill tries to make it ZERO TOLERANCE for "ANY" detectable drugs in one's system while driving, California DUI attorneys convey

The concept of ZERO TOLERANCE has gotten a little carried away in California, DUI lawyers say.  

With under 21 DUI drivers, it's one thing.  And there's a limit of .01% or .05% depending on age.  

With texting while driving zero tolerance makes sense if the statute is violated.  

But with drugs and driving, it makes no sense, California DUI attorneys emphasize.  Yesterday's video shows how people can drive fine after smoking some marijuana.  Generally only with excessive smoking does it appear marijuana has the ability to affect one's driving.

Yet there is a proposal to make driving with any amount of drugs is against the law.   

Senate Bill 289 was introduced by Lou Correa, an over-reacting democrat from Santa Ana.  The proposed bill establishes a zero tolerance for driving under the influence of drugs.  Under this bill, it would make it illegal for a person to drive a vehicle if her or his blood has any detectable amount of Schedule I, II, III or IV drugs.

The problem is this bill is "presumptive."  As far as marijuana, the bill ignores that NHTSA dismisses the notion that psychomotor impairment may be presumed from the detection of either THC or its metabolite.

This California Senator shows on video is that he does not even know that you CAN be prosecuted for DUI  - drugs with a PRESCRIPTION.  

The US National Highway Traffic Safety Administration's (NHTSA's) website, THC/blood levels are poor indicators of cannabis-induced impairment. 

Moreover, the detection of the carboxy THC metabolite in urine is not an indicator of impairment. 

NHTSA states: 

"Concentrations of parent drug and metabolite are very dependent on pattern of use as well as dose.... 

It is difficult to establish a relationship between a person's THC blood or plasma concentration and performance impairing effects.... 

It is inadvisable to try and predict effects based on blood THC concentrations alone, and currently impossible to predict specific effects based on THC-COOH concentrations.”

(THC-COOH refers to THC metabolites present in urine, which may remain detectable for days or even weeks after past use. THC in the blood possesses a far shorter half-life.)

NORML and California NORML successfully campaigned against similarly illogical legislation last year. 

The public should consider this California DUI attorney information "

Marijuana and Driving Impairment

Barry K Logan PhD " as more scientifically reliable.  For example, see this Discussion:

"[M]arijuana has the ability to produce effects - both sought-after and incidental – which can affect the 
balance of skills and abilities needed to drive safely. These effects can vary in 
magnitude, but frequently when compared to effects of moderate dosing with alcohol, 
(for example to the presumptive level for intoxication in many US states of 0.08g 
ethanol/100mL blood) the impairing effects are less severe, even after the use of typical, 
user-preferred doses. Additionally, the consistent observation that the impairing effects 
of marijuana after moderate use will dissipate in 2-3 hours, limits the likelihood of police 
contact or crash involvement if the driver allows some time to pass between their use and 
driving. The related ability of marijuana users to recognize the drug effect and take a 
less risky course of action also contributes positively to harm reduction."