The bill would mirror the zero tolerance law for underage drinking.
Although California has legalized the recreational use of marijuana, it is still not legal to drive under the influence of drugs. If a person is impaired to an extent that he or she cannot drive with the care or caution of an ordinary sober person, then he or she can be convicted of the offense of driving under the influence of drugs, or DUID. A new California bill, introduced by State Senator Jerry Mateo, would make this law even more harsh for juveniles (anyone under the age of 21), by enacting a zero tolerance policy for driving under the influence of marijuana.
California currently has a zero tolerance law for underage drinking and driving. Under this law, if an underage driver is caught driving with any alcohol in his or her system, their driver’s license is automatically suspended for a period of one year. This matter is not considered a criminal charge. However, underage rivers with a blood alcohol content (BAC) of .05 or higher will be subject to a criminal charge (infraction), while drivers with a BAC of .08 or higher can be charged with a standard DUI.
Under the proposed bill, minors who drive with marijuana in their systems will be subject to the same zero tolerance policy as they are for alcohol. There will be an exemption for minors who use medical marijuana. However, there is a signifiant difference between testing for marijuana and testing for alcohol, as an Orange County DUI defense attorney can explain.
As technology currently stands, there is no reliable well to measure exactly how much marijuana a person has in his or her system. The psychoactive component of marijuana, THC, may be present in a person’s system even if he or she last smoked the drug weeks ago — even though the intoxicating effects are no longer present. In other words, if this bill becomes law, a minor could have his or her license suspended for smoking weed at some point in the past, despite being perfectly sober when driving.
While there is the possibility of using oral swabs to determine if marijuana has been consumed recently, California law enforcement agencies have not yet approved the use of these types of tests. Right now, there is no test that can be used in the field to measure exactly when a person took marijuana or the level of impairment that a person has.
As experienced Orange County DUI defense attorneys, we know that a bill like this can lead to potential abuse by law enforcement as anyone who may be driving slightly “off” could be tested for marijuana and have their license suspended — even if they are sober! Without accurate methods for testing for THC impairment, a bill like this will only lead to drivers having their licenses suspended without cause.
However, if the bill does become law, a skilled Orange County DUI defense attorney can use these realities as part of your defense. Similarly, a DUID charge involving marijuana can often be challenged for these reasons — because there isn’t an accurate way to determine how impaired a person is or even when a person last ingested marijuana, an aggressive attorney can often put together a number of factual and legal defenses to the charge.
At the Chambers Law Firm, we represent people who have been charged with DUI and DUID in Orange County and the surrounding areas. Contact our firm today at 714-760-4088 or dchambers@clfca.com to learn more or schedule a free initial consultation.
