According to various news sources, drugged driving is on the rise in the State of California; with nearly twice as many motorists testing positive for driving under the influence of narcotics than alcohol. Moreover, roughly a third of all deadly collisions in the state involve a motorist who has tested positive for a substance that impaired his or her ability to drive safely.
While many states have established limits on the level of THC levels found in the blood, the State of California struggles to find the right ruling. In many regions across the state, police agencies are using swab tests using the saliva of drivers who are suspected of driving under the influence of marijuana to test the levels of THC. This, however, is a relatively new practice and is also subject to error. Consequently, this method of testing suspected marijuana DUI drivers is unreliable.
While many states have established limits on the level of THC levels found in the blood, the State of California struggles to find the right ruling. In many regions across the state, police agencies are using swab tests using the saliva of drivers who are suspected of driving under the influence of marijuana to test the levels of THC. This, however, is a relatively new practice and is also subject to error. Consequently, this method of testing suspected marijuana DUI drivers is unreliable.
DUIs vs. DWIs in California
There is a common misconception that driving under the influence as well as driving while impaired only refers to drivers who are drunk. In reality, any substance that is legal or illegal, which has the power to alter a person’s ability to drive safely, can result in a DUI charge. While there is much research that concludes that marijuana is not as detrimental as alcohol when driving, marijuana still has the capacity to impair a motorist’s ability to drive safely.
What is the California Prosecutor’s Burden of Proof?
Under the California Vehicle Code §23152, it is unlawful for a person addicted to drugs to drive under the influence of a narcotic, such as marijuana. In order of being convicted of a DUI charge in California, the prosecution will need to show that the defendant has recently consumed marijuana and that this prevented him or her from driving in a reasonably safe manner, the same way a sober individual would drive. There are several issues when attempting to prove this, however. For instance, unlike alcohol, there is no exact amount of THC or marijuana in the system that can establish a person’s ability to drive safely. As a result of this, most police departments will rely on the following to make an arrest:
- Incoherent speech,
- Incoherent statements made to the arresting officer,
- Bloodshot or red eyes,
- Failed field sobriety tests,
- Driving erratically,
- The smell of marijuana in the vehicle or on the person,
- Dilated pupils,
- Possession of marijuana paraphernalia, and/or
- Impaired reaction
Obtain the Legal Defense of a Marijuana DUI Defense Attorney
If you have been arrested or are being charged with driving under the influence of THC or marijuana, it is critical to seek legal representation as soon as possible. The penalties that are associated with a marijuana DUI conviction can be serious, and these can tarnish your reputation for many years to come. Following a marijuana DUI arrest, consult the representation of a skilled criminal defense attorney promptly in order to undermine the consequences associated with the charges.
The criminal defense attorneys at Schwartzberg & Luther, APC are well-versed in the field of marijuana DUI defense cases. The firm has an established reputation for aggressively defending the rights of their clients. Consult the firm today for more information.
The criminal defense attorneys at Schwartzberg & Luther, APC are well-versed in the field of marijuana DUI defense cases. The firm has an established reputation for aggressively defending the rights of their clients. Consult the firm today for more information.
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