California just voted to legalize marijuana in this past election. Although
the full effects of this decision will not be totally visible until early
2018, many questions arise out of the speculated changes to our California
way. When is it legal to be under its influence? Would it be OK to drive?
The short answer is no. It is not OK to drive under the influence of marijuana
or any other substance that negatively impairs your ability to operate
heavy machinery. Still, many wonder how this is enforced. The effects
of marijuana may not be as visible or detectable by the senses as those
of alcohol, but the impairment is rather similar, and police do have a
way of testing your level of impairment. If found under the influence,
consequences will be identical to that of a DUI of alcohol.
How Officers Determine Marijuana Impairment
When you are pulled over for speeding, failing to make a complete stop,
or for any other suspicion a police officer may have, he or she will then
have the ability to conduct sobriety tests if he or she believes the driver
to be under a substance. Many of these will be similar to those asked
of drivers believed to be under the influence of alcohol.
If the officer has further reason to believe you are under the influence
of marijuana, such as possession of it in your vehicle, he or she may
then be able to arrest you. Upon booking, the officer can order a blood
sample to be taken. If this blood sample comes back positive with THC,
you will be charged with a DUI.
Herein Lies the Problem
This blood test only shows that your blood contains THC, which will soon
be entirely legal and common. The test, however, does not confirm that
you were actually under the influence of marijuana at the time you were
driving, it merely shows that you have used it in the past month or so.
Your Marijuana DUI Defense Team
Our team at The Law Offices of Jarrod M. Wilfert understands both that
marijuana DUI charges are serious and that testing and convictions of
these are quite flawed. If you have been arrested for a marijuana DUI
case, we want to defend you and challenge the unfair methods of testing.