Oral tests may register the presence of drugs — but not show levels of impairment.
California is one of a handful of states that has legalized both medical and recreational marijuana. This has been a boon to many Californians, as it has relieved pressure on the criminal justice system, created a new legitimate economy, and even increased tourism. But it has also created concerns that some drivers may be operating their vehicles under the influence of marijuana — and there is no real way to test for it.
In the past, the Los Angeles Police Department has used a portable oral test to check for the presence of marijuana, cocaine, methamphetamines, and other drugs in a driver’s system. This test was used as recently as New Year’s Eve, even though the technology utilized is relatively new. The test takes eight minutes, and uses a driver’s oral fluids to determine whether a driver has used any drugs.
While this test can check for the presence of THC (the psychoactive component of marijuana) in a driver’s system, it cannot determine the most important question: whether a person is impaired from the use of marijuana. This is the main stumbling block in prosecuting DUI of drugs involving marijuana — and one way that a skilled Los Angeles DUI defense lawyer can fight back against these charges.
As a Los Angeles DUI defense lawyer can explain, California has two separate laws that make it a crime to drive under the influence of drugs. First, it is a crime to drive if you are under the influence of any drug. Second, it is a crime to drive if you are under the combined influence of any alcoholic beverage and any drug. There is no “legal limit” fro drugs, because there is no scientific or expert consensus on what concentration of marijuana or other drug that would make it unsafe to drive. According o the National Highway Traffic Safety Administration, “at the current time, specific drug concentration levels cannot be reliably equated with effects on driver performance.”
Because there is no standard for marijuana impairment, “under the influence” is extremely subjective. Scientists have not yet determined an objective measurement for when a person with THC in their system is too impaired to drive. Until that time, the Legislature’s Special Commission on Operating Under the Influence and Impaired Driving is recommending mandatory drug testing for anyone who is caught driving under the influence of marijuana. Those who do not comply will face license suspension. However, this plan faces a number of issues — including the fact that it may be unconstitutional because it forces drivers to submit to a chemical blood or breath test without a warrant.
Without an accurate test to measure marijuana impairment and a guideline for THC impairment, it is difficult for drivers to know exactly what they can do before driving when it comes to marijuana. According to a Los Angeles DUI defense lawyer, the best course of action is to play it safe, and get a designated driver if you are going to be using drugs or alcohol.
If you have been charged with a DUI of any kind, the Chambers Law Firm is here for you. We are experienced in defending against all types of DUI cases, including those involving DUI of drugs charges. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation today.
