Tuesday, October 29, 2013

In alcohol-related DUI stops, cops usually try to coerce the driver into blowing in an optional hand-held breath test (PAS) gadget but what will police use in a marijuana-related DUI stop, California DUI attorneys ask?

When California completely legalizes marijuana, will drivers be able to smoke & drive, California DUI lawyers are asked.  Northern California, home of much of farmed cannabis, explores the issue in this video, say California DUI criminal defense attorneys.

In alcohol-related DUI stops, cops usually try to coerce the driver into blowing in an optional hand-held breath test (PAS) gadget.  In a marijuana-related DUI stop, what will cops use?

Is there a breathalyzer for pot?  If there is, is it reliable?  Many suggest more research needs to be done before such a marijuana roadside test should be utilized.  

It is going to be extremely difficult to come up with a reliable and effective marijuana test.  There are so many complex variables.  Different consumption times and amounts may or may not show up on the type of marijuana breath test proposed and it may have nothing to do with one's marijuana level at time of driving.

It is assumed California will follow the lead of other states like Colorado and Washington and set a THC level upon which it is per se illegal to have in your system while driving.  Currently,  DUI-Drugs is illegal under California law but even medical marijuana smokers must be impaired to be prosecuted by DUI prosecuting attorneys.

In Washington & Colorado it is lawful to have an oz of mj but unlawful to drive if one's THC (psychoactive ingredient of marijuana) is 5 nanograms per mililiter of blood.  Washington's low threshold is unduly harsh.  Each person or patient is different and usage/effects vary with milligrams needed to alleviate symptoms.

It is not uncommon for a drive to be a regular marijuana user, have a certain THC level and be over the limit but not impaired.  Often those folks are not even stopped by cops.

Heidi Fleiss was arrested last week in Nevada for driving under the influence of marijuana.  She had 4 ounces of marijuana and was reported impaired.  She had 400 plants growing at her house a few months ago.  Most people don't have that much.