With the growing number of states legalizing marijuana, government and police departments have had to determine how they will manage such situations. Marijuana is becoming less taboo than in previous years causing more people to use it for not only medical purposes but recreationally as well. If you find yourself charged with a DUI, it will be important to contact an attorney who has experience in representing clients who have received these types of charges.
Testing for Marijuana Intoxication
Because marijuana use has become increasingly normalized, it’s possible to have misconceptions surrounding the penalties of driving while high. The conundrum at hand for many state governments is how police will test for marijuana intoxication. Although a simple blood test can determine whether or not the drug is in a person’s system, the timing can be skewed. This is largely due to marijuanas ability to stay in the blood stream for a lengthy period of time following use of the drug.
If you have been charged with a DUI for Marijuana, contact an attorney as some tests that police use can vary in accuracy. An attorney can help to navigate this complicated process and help to protect your rights throughout. The following are various types of testing that are use throughout the country:
Field Sobriety Testing
If a police officer suspects that a driver is under the influence of marijuana they will assess the driver’s behavior by requiring that they participate in field sobriety testing. A police officer will administer the following types of field sobriety tests:
- Walk and Turn Test
- One Leg Stand
- Horizontal Gaze Nystagmus Test
An attorney will be helpful in the event that a police officer charged you with a DUI of Marijuana on these tests alone. This is because they are not as reliable when it comes to drug use as they can be with alcohol.
Oral Swab Test
Some states are using oral swabs to test for drugs in a person’s system. Recently states like California, New York and Nevada have begun using the Drager Drug Test 5000 Machines to assess whether a person has: marijuana, amphetamine, methadone, cocaine or opiates in their system. The test takes approximately 8 minutes to conduct. This type of testing is able to measure active THC compounds, meaning that if a person used marijuana a day or so prior to taking the test, inactive THC compounds would not be present.
Following a field sobriety test, a police officer may then request that a person undergo a blood test. Refusal of a blood test could result in automatic revocation of a person’s license and/or harsher penalties. When a person does submit to a blood test, if it shows levels of THC, it can make for compelling piece of evidence. Such situations will certainly require the assistance of a DUI attorney. This is because marijuana can stay in the system for longer periods of time. A blood test does not determine whether the marijuana in the blood stream was from weeks ago or due to more recent use.
A DUI can have a long-term impact on your life; a conviction can result in permanent blemish on your record. With the growing popularity of recreational marijuana use across the country, it is important that before you partake, you do not operate a motor vehicle. A DUI attorney can be of assistance should you find that you have been charged with a DUI. They will be important in providing you with the legal representation that you require. Contact drug possession lawyers Bloomington IL turns to in the event that you have any questions or are facing a DUI/ drug possession charges.
Thank you to Pioletti & Pioletti Attorneys at law for providing this key insight and information DUI’s and drug possession.