Are marijuana breathalyzers going to be part of DUI stops soon? A California lab just announced that it is developing a new breathalyzer that can detect marijuana on your breath, just like alcohol. With concerns that traffic incidents and fatalities will increase as marijuana use (legal and otherwise) increases, law enforcement agencies are looking for an easy way to test drivers suspected of driving under the influence of drugs (DUID).
What is the plan for the new breathalyzer?
After the new breathalyzer is tested in clinical trials, it will be tested out by law enforcement in the San Francisco Bay area. Depending on the results of that pilot program, the breathalyzer could be used in Southern California and the rest of the nation by the end of 2016.
Testing for marijuana
Currently, law enforcement agencies rely on blood and urine tests to check for drug use. These tests are administered at the station after a suspect is arrested, rather than at the side of the road. (Remember, unless you are a minor or on probation for a prior DUI, you have the right to refuse a roadside breathalyzer test—although you will likely be arrested anyway.)
Unlike alcohol, which is fairly easy to measure on someone’s breath, the amount of THC (the intoxicating component of marijuana) in your breath is a lot less concentrated. So it has been more difficult for scientists to develop technology that picks up on the tiny amounts of THC in a user’s breath.
Does THC mean you’re too impaired to drive?
As we’ve discussed in an earlier blog , the problem with traditional drug tests is that it is difficult to tell whether you have THC in your system because you are actually high right now, or just because you used marijuana at some point in the past. Unlike alcohol, which gets metabolized quickly and only stays in your system a very short time, THC can remain in your body much longer, even up to a month. There are a lot of factors that determine how long marijuana will remain in your system, such as how frequently you smoke.
However, studies show that THC only stays in your breath for up to four hours, so if
the new breathalyzer test detects THC in your breath, it’s obvious that you’ve used marijuana recently. But still, is that enough to prove that you are too impaired to drive? People are affected by marijuana differently, just like people’s tolerance to alcohol can be very different. In addition, different strains of marijuana can have very different effects. If you have been arrested for a marijuana DUID, there are a lot of defenses that an experienced DUID attorney can help you make.
Questions about your DUI/DUID case?
Driving will impaired by any substance is a serious matter. If you are arrested for DUID, call Chambers Law Firm as soon as possible! Dan E. Chambers is Southern California’s top DUI and DUID attorney, with over twenty years of experience. Schedule your free initial consultation now by calling 714-760-4088 or emailing dchambers@clfca.com today.
