California stands among a handful of states that have legalized both medical and recreational marijuana. This move has yielded numerous benefits for Californians, including a relief of pressure on the criminal justice system, the emergence of a legitimate cannabis economy, and even an increase in tourism.
However, it has also raised concerns about the potential for drivers to operate vehicles while under the influence of marijuana. Unfortunately, the lack of a reliable method for testing marijuana impairment poses a significant challenge. Read on to learn more and then contact Chambers Law Firm at 714-760-4088 if you have been charged with any type of DUI crime.
Testing Methods: Past and Present
Previously, the Los Angeles Police Department employed a portable oral test to detect the presence of various drugs, such as marijuana, cocaine, and methamphetamines, in a driver’s system. The test involves an eight-minute procedure that analyzes a driver’s oral fluids to determine drug use.
Limitations in Determining Impairment
While the oral test can identify the presence of THC, the psychoactive component of marijuana, it fails to answer the crucial question of whether a person is impaired due to marijuana use. This poses a significant hurdle in prosecuting cases involving driving under the influence (DUI) of drugs, particularly marijuana-related offenses. However, skilled Los Angeles DUI defense lawyers can employ effective strategies to counter such charges.
California’s DUI Laws for Drug Use
California has two distinct laws that criminalize driving under the influence of drugs. The first law makes it illegal to drive while under the influence of any drug, while the second prohibits driving under the combined influence of alcohol and any other drug. Notably, there is no established “legal limit” for drugs, as the scientific and expert communities have yet to reach a consensus on concentration levels that indicate unsafe driving.
According to the National Highway Traffic Safety Administration, there is currently no reliable correlation between specific drug concentration levels and their effects on driver performance.
The Subjectivity of Marijuana Impairment
Due to the absence of standardized guidelines for marijuana impairment, determining whether an individual is “under the influence” remains highly subjective. Scientists have yet to establish an objective measurement for assessing when a person with THC in their system becomes too impaired to drive safely. In the absence of such guidelines, the Legislature’s Special Commission on Operating Under the Influence and Impaired Driving recommends mandatory drug testing for individuals caught driving under the influence of marijuana.
Failure to comply with testing may result in license suspension. Nevertheless, this approach faces significant challenges, including potential unconstitutionality as it compels drivers to undergo chemical blood or breath tests without a warrant.
Navigating the Uncertainty: Promoting Responsible Driving
Given the absence of an accurate test to measure marijuana impairment and establish THC impairment guidelines, drivers face uncertainty regarding appropriate actions before driving following marijuana use. According to DUI defense lawyers in Los Angeles, the best course of action is to prioritize safety by arranging for a designated driver when consuming drugs or alcohol.
Effective Defense Strategies for DUI Charges
Individuals facing DUI charges, including those related to drug use, can find effective legal representation at Chambers Law Firm. With their extensive experience in defending various DUI cases, including those involving drugs, their team can provide valuable guidance and support. To schedule a free initial consultation, please contact them at 714-760-4088 or dchambers@clfca.com.
