Breathalyzers do not detect weed or THC, the active ingredient in marijuana. While scientists are working on developing a device for this purpose, current breathalyzers are limited to detecting alcohol.
Instead, officers may use field sobriety tests, saliva tests, or blood tests to assess whether a driver is impaired by marijuana. Some situations might even involve a drug recognition expert to make a determination.
Even in states where marijuana is legal for medical or recreational use, driving under the influence of cannabis remains against the law. A Los Angeles DUI lawyer can help you understand your rights and navigate any legal challenges you might face.
Driving Under the Influence of Drugs (DUID) and Breathalyzer Basics
In most states, you may be guilty of DUID if:
- You were driving a vehicle, and
- You were under the influence of a controlled substance while driving.
Possible Penalties for a DUID Conviction
If found guilty of DUID, you might face:
- A misdemeanor conviction
- Jail time
- Fines
- Suspension of your driver’s license
- Requirement to complete a DUI program
Current Limitations of Breathalyzers for THC Detection
Standard breathalyzers and ignition interlock devices (IIDs) cannot detect THC, the active compound in cannabis. Researchers are developing new technology to measure THC levels, but no set impairment threshold exists, unlike the .08% limit for alcohol.
How Do Police Determine Marijuana Impairment?
Officers often start by observing behavior and administering field sobriety tests to detect signs of marijuana use. Some common indicators include:
- Slurred speech
- Poor balance
- Slowed motor skills
- Bloodshot eyes
- Impaired cognitive abilities
Additional Testing for Marijuana Use
If officers suspect you are impaired by marijuana, they may ask you to take one of the following tests:
- Saliva test
- Blood test
- Urine test
Refusing a Test: What You Should Know
While you have the right to refuse these tests, especially a blood test, be aware that most states consider refusal illegal, resulting in an automatic license suspension for up to one year. In some cases, officers can still require a blood test if they have a warrant.
When Can Police Stop You for Driving Under the Influence of Marijuana?
While many states have legalized recreational and medicinal marijuana, it remains illegal to drive while impaired by it. Officers can stop you for driving under the influence of marijuana if they have probable cause to believe you are impaired.
Actions that may lead to probable cause include:
- Swerving between lanes
- Running a red light
- Driving on the wrong side of the road
- Failing to stop at a stop sign
- Colliding with other vehicles or objects
If an officer pulls you over without probable cause, a judge may dismiss or reduce the charges in your DUI case.
How Can a Prosecutor Prove You Were Driving While High?
To establish that you were driving under the influence of drugs, prosecutors typically need to prove two key points:
- You were operating a motor vehicle
- At the time, you were under the influence of a drug, including marijuana
To demonstrate that you were impaired by marijuana, a prosecutor may rely on:
- Police officer statements and testimony
- Results of field sobriety tests
- Saliva, blood, or urine test results
- Discovery of drug paraphernalia in your vehicle
- Details from the arrest report
By understanding the types of evidence a prosecutor might use, you can better prepare for the legal process ahead. If you’re facing charges for driving while high, it may be helpful to consult with a knowledgeable attorney who can guide you through your options.
Legal Issues and Challenges with Marijuana
The laws around marijuana detection can be challenging, particularly for law enforcement and those using medical cannabis. Establishing clear legal limits for THC impairment is difficult due to limited scientific research and the varying effects of the drug.
Medical cannabis users can find it challenging to prove their use is lawful while driving, as some tests detect THC (blood, urine, and hair) but don’t confirm impairment. This underscores the need for better testing methods that can differentiate recent use from impairment, ensuring fair treatment for all.
Setting Limits for THC Impairment
Determining limits for THC impairment is difficult due to the drug’s complex effects and limited research on its impact on driving. Different states have varying laws, with some enforcing specific limits for THC levels while others do not, causing confusion for both officers and drivers.
A standardized THC limit could reduce the number of impaired drivers and provide a clear legal standard for identifying impairment. However, more research and a deeper understanding of how THC affects driving are necessary to create fair and reliable guidelines.
Challenges for Medical Cannabis Users
Medical cannabis users often face difficulties with marijuana detection while driving, particularly after recent use. As marijuana breathalyzers improve, these users may be at a higher risk of being mistakenly charged with driving under the influence (DUID).
Developing better detection methods, like cognitive tests or eye-movement sensors using virtual reality, could help these drivers demonstrate lawful cannabis use and prevent unjust legal consequences. This approach would promote fair treatment and enforcement for all on the road.
Understand Your Options with Legal Guidance
Dealing with a DUI charge for marijuana use can be confusing, especially when you’re unsure about how THC is detected. While standard breathalyzers aren’t designed to detect weed, other methods may still be used to assess impairment and bring charges against you.
If you’ve been charged with a DUI for marijuana, Los Angeles DUI Attorney can connect you with an attorney who understands the specifics of your case. Having the right support can make all the difference in handling these charges.
You don’t have to handle this on your own. Contact a Los Angeles DUI Attorney today to talk through your case and learn about the choices available to you.
