State laws that criminalize driving under the influence of marijuana are not supported by science, according to a study by AAA.
Like many states, California makes it a crime to drive while under the influence of marijuana. This crime may be punishable by jail time, fines, license suspension and required attendance at a DUI program. But a recent study by the automobile club AAA finds that there is no scientific basis for these laws. This report may provide a basis to challenge DUI charges based on marijuana use.
Blood Limits for THC
States with laws prohibiting driving while under the influence of marijuana have set blood limits for the allowable amount of THC, the psychoactive compound found in marijuana. In California, there is no set blood THC limit for driving while under the influence of marijuana, but any amount of marijuana in your blood stream may be used as proof that you were driving under the influence of marijuana. The AA study found that marijuana is metabolized much differently than alcohol, making it difficult to impossible to determine whether a person is truly “driving under the influence” based on marijuana consumption.
According to the AAA study, the level of THC in a person’s body has almost no relationship to the person’s ability to drive:
- A person with high levels of THC was determined to not be impaired at all.
- A person with lower levels of THC in their blood were more impaired and may be more dangerous behind the wheel than a person with a higher level of THC
Your level of impairment depends in part on how frequently you smoke marijuana; a person who smokes regularly may have a higher level of THC in their blood, but they are not impaired and can still safely operate a motor vehicle. Because cannabis is processed differently by our bodies than alcohol, regular users may show a high level of THC even if they have not smoked or taken marijuana in several days.
More Dangerous than Marijuana
In addition to looking at how THC in the blood relates to impairment, the study also determined that other factors were much more dangerous for driving than marijuana use. While driving while under the influence of marijuana doubles the risks associated with driving, talking on a hand-free cell phone quadruples the risk of an accident. Driving with a blood alcohol content of .12 (the average blood alcohol content found in most drunk driving cases) increased the risk of an accident by approximately 15 times!
How the Study Impacts Your Marijuana DUI Case
Based on the study, AAA recommend that states with laws regarding THC blood limits should consider changing the laws to reflect how marijuana is actually processed by our bodies. It may also be advisable to make driving while under the influence of marijuana a less serious offense than a DUI involving alcohol, given that it is far less dangerous than driving while drunk.
A skilled DUI lawyer in Tustin, CA can use this study as a basis for challenging your marijuana DUI case. If you are a regular user, you may have high THC levels even if you did not smoke on the day that you were driving! The Chambers Law Firm will vigorously defend you against a marijuana DUI charge, including finding expert witnesses who can prove to the prosecutor that the marijuana found in a chemical test does not necessarily mean that you were intoxicated.
If you have been charged with a marijuana DUI in Tustin, CA, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation!
