An Oakland company claims that it has the solution for driving under the influence of marijuana technology.
Since recreational marijuana was legalized in California, one big concern has been how it will impact driving. This is a legitimate worry, as the use of drugs can impact the ability to drive, just as drinking can. While driving under the influence of marijuana has not been shown to have the same effects as driving drunk or driving under the influence of other drugs, any type of impaired driving can be dangerous.
Yet enforcement has always been a major problem. How can the police arrest someone for a marijuana DUI if they cannot accurately measure the amount of THC (the psychoactive ingredient in marijuana) in a person’s blood, or even tell when the person last ingested marijuana? There is currently no legal limit for marijuana in California, so the only way that a person can be arrested and convicted of a marijuana DUI is if a police officer testified that his or her ability to drive a vehicle as a sober person would under similar circumstances was impaired. This is typically done through testimony about a person’s behavior during a traffic stop, observations of driving, and the presence of THC in blood tests.
However, an Oakland based company is hoping to change the difficulty that law enforcement has had in proving marijuana DUI cases with its new marijuana breathalyzer tests. It claims that it has developed a breathalyzer test that can detect whether a person has ingested marijuana within the past two hours. According to some experts, two hours is the peak time for impairment after using marijuana.
The company believes that its breathalyzers can be used both by law enforcement and by employers who don’t want their employees showing up to work while under the influence. Although the company has made big claims about the accuracy of its equipment, it has not yet provided proof that it will work. Law enforcement agencies are currently testing the breathalyzers to determine if they will be useful in combatting driving under the influence of marijuana.
Whether these breathalyzer tests become part of California law enforcement’s arsenal of DUI tools or not, it is a good reminder that any type of impairment can be dangerous when it comes to driving. While it may currently be difficult for law enforcement to arrest Californians for driving under the influence of marijuana, it is still a crime if you are too impaired to operate your vehicle with the caution of a sober person. As a Rancho Cucamonga DUI defense attorney can explain, it is also a crime for anyone under the age of 18.
It remains to be seen if the marijuana breathalyzer will become a reality. Until that time, if you are arrested for any type of DUI, you will need a highly skilled Rancho Cucamonga DUI defense attorney to represent you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.
