Cops must rely on chemical tests to detect weed in a driver’s system. In the state of California, there are three major types of chemical tests for weed in your system: urine sample, blood sample, and saliva sample. Law enforcement officers may request that you perform one of the three or even all three.
If you were charged with a marijuana-related DUI, seek immediate legal representation. A Los Angeles DUI lawyer will protect your rights and represent your interests. Call us today, and we will connect you to an experienced attorney.
Chemical Tests for a Marijuana DUI
Most everyone knows what to expect when dealing with an alcohol-related DUI. You will be asked to perform field sobriety tests like the one-leg stand test, the walk-and-turn test, and a breathalyzer test. However, police officers’ procedures and tests for marijuana-related DUIs are not as well known.
To be formally charged with a marijuana-related DUI, the police officer must prove the presence of marijuana in your bloodstream. Field sobriety tests, even the most commonly used ones like the walk-and-turn test and the horizontal-gaze-nystagmus test, will not properly demonstrate the presence of marijuana in your bloodstream. Therefore, a chemical test administered by the authorities is necessary.
The main types of chemical tests used to detect weed are:
- Urine test: The urine test typically involves collecting a sample of urine and sending it to a laboratory for analysis. The laboratory then screens the urine sample for the presence of THC metabolites using techniques such as immunoassay or gas chromatography-mass spectrometry (GC-MS).
- Blood test: The blood sample is sent to a certified laboratory for analysis. In the laboratory, technicians use specialized equipment and techniques, such as gas GC-MS or liquid chromatography-mass spectrometry (LC-MS), to quantify the concentration of THC and its metabolites in the blood sample.
- Saliva test: The saliva test works by collecting a sample of saliva from the driver’s mouth using a collection device, such as an oral swab. The swab is then analyzed for the presence of THC (tetrahydrocannabinol), the psychoactive component of marijuana, and its metabolites.
These tests work by analyzing a urine sample for the presence of tetrahydrocannabinol (THC) metabolites, which are byproducts produced when the body breaks down THC, the psychoactive compound found in marijuana.
Marijuana will stay in your urine the longest. It will usually stay for about a month, and then after that, the chemical test will, most likely, not be able to detect the presence of marijuana.
Cannabis will typically stay in your blood for about a week, while it will only stay in your saliva for about a day. Some other states allow their law enforcement officers also to test hair samples because marijuana stays in your hair for the longest amount of time (up to 3 months).
What do These Tests Even Measure?
With a breathalyzer test for alcohol-related DUIs, we know that it is testing for a person’s blood alcohol content (BAC). Yet, marijuana chemical exams are testing for something different, even though they are still searching for the presence of cannabis in your system. These urine, saliva, and blood tests measure cannabinoid metabolites.
These metabolites are molecular substances that are first formed when your body is breaking down any drug. According to the ADAM Medical Encyclopedia, cannabis produces over a hundred of those metabolites, yet only a few are measured in marijuana chemical testing. Delta-9-THC is one cannabinoid metabolite that is often tested for because Delta-9-THC is the primary psychoactive metabolite in marijuana.
Cannabidiol (CBD) can also be measured, yet less frequently than THC. You can be charged for a marijuana-related violation, including a drug DUI, if you were tested for marijuana and they found these metabolites in your system. The best way to avoid this type of situation from happening is to not get behind the wheel at all after you smoked weed.
At-Home Tests for Marijuana Drug Use
Being able to test if there is still marijuana in your system before you get behind the wheel of a car would be a great way to avoid DUIs and disasters.
This is especially true considering that two in five drivers who self-reported their alcohol and marijuana use in the latest year of recorded data admitted to driving while impaired. This statistic comes from a Columbia University study, and they also mention that of those 40% self-reported DUIs, 34% of them were directly linked to cannabis use.
At-home testing kits for marijuana would help bring down the number of cannabis-related DUIs. They serve as an initial drug screening and not as confirmation testing, so if your at-home tests produce positive results, then do not get behind the wheel of a motor vehicle because you are too intoxicated to drive. However, after a positive home test result, you will need to send a sample to a laboratory for a more definitive conclusion.
Officer’s Discretion
An officer of the law is going to make some educated assumptions about you and the way you are behaving if they suspect you might have been driving impaired.
An officer may believe that you might have been driving high on marijuana if:
- Your eyes are red and watery with dilated pupils
- Your breathing is really fast, along with a rapid heart rate
- Your car smells like cannabis
It is important to understand that this is not enough information for police to go off of to charge you with a drug-related DUI. Formal chemical testing needs to be performed before they can officially arrest you. Otherwise, you have grounds to hire a criminal defense lawyer and sue them.
How a Los Angeles DUI Lawyer Can Help You
A Los Angeles DUI lawyer is a criminal defense lawyer experienced in cases dealing with alcohol and drug-related DUIs. They intend to have the DUI charges dropped altogether or, at the very least, have the penalties minimized.
They can argue that the tests were not conducted properly by the law enforcement officers. Your lawyer can defend you by saying that the prosecution’s evidence against you is either incredibly weak or illegally obtained. Along with those two arguments, they can build off of the fact that you might have tested positive for marijuana with a urine sample test.
The prosecution can easily misconstrue this evidence because cannabis stays in your urine for about a month. You could have last smoked weed three weeks prior to being pulled over and yet still fail the urine drug test.
Working with a Los Angeles DUI lawyer on these types of cases can be the difference between walking out of the courthouse with your head held high and smiling or being handcuffed and uncertain about your future.
Statistical Overview of Alcohol and Other Drug-Related Accidents
In 2023, the County of Los Angeles Public Health Substance Abuse Prevention and Control released a report on the costs of alcohol and other drug misuse.
According to their findings, annually in Los Angeles (LAC), there are:
- 26,183 DUI arrests
- 19,292 DUI convictions
- 11,940 DUI collisions
- 7,143 DUI injuries
- 275 DUI fatalities
- $13,500 cost per DUI case
The data provided reveals the significant impact of driving under the influence (DUI) incidents in Los Angeles County (LAC) on an annual basis. DUI-related incidents have wide-ranging consequences, including injuries and loss of life. Additionally, the data indicates a considerable financial burden associated with each DUI case.
Contact a Los Angeles DUI Attorney Today
Facing a marijuana-related DUI charge should not have to feel like the end of the word. Hiring a Los Angeles DUI attorney today would be the best plan of action moving forward. This is because they can build a defense case where your DUI charges are either dropped or penalties minimized.
You still have constitutional rights that need to be upheld. Contact us today and receive a free and confidential case evaluation.