It is illegal to drive while impaired by marijuana, but how can impairment be measured and regulated? With alcohol intoxication, a breathalyzer test can determine the exact blood alcohol concentration (BAC) in an individual's body. If a driver is above the legal limit of 0.08 percent, he or she may be charged with driving under the influence. However, there is not currently a tool for measuring a marijuana DUI. Blood tests can reveal the presence, or lack thereof, in a person's system, but past marijuana use can result in a positive test, making it impossible to know whether or not the person was actually impaired while driving. With more and more states liberalizing marijuana laws, public officials are concerned that the increase in use will lead to an increase in motor vehicle accidents.
Studies show that marijuana does impair critical driving skills, such as decision making, peripheral vision, and the ability to multitask. However, in contrast to alcohol use, marijuana users tend to be aware of their impairment and compensate by using extreme caution while driving. For example, a driver high on marijuana will likely drive extra slowly, avoid risky behaviors, and allow more than adequate space between vehicles.
Marijuana and Alcohol Create a Dangerous Combination
The main problem, however, does not lie in marijuana use alone. The biggest concern among public officials may be the combination of alcohol and marijuana use, which seems to be increasingly prevalent since legalization. When an individual combines the two substances, the typical exaggerated caution of a marijuana-impaired driver disappears. Additionally, the combination of the two drugs appears to increase the level of impairment over and above the effects of either substance by itself.
With liberalized marijuana laws being relatively new, public officials admit they don't yet know the full scope of the problem. Certain states have set a threshold for "marijuana intoxication." In Colorado and Washington, that threshold is five parts per billion of pot's psychoactive ingredient, THC. However, there is a lot of controversy surrounding this testing system because a habitual smoker who hasn't smoked since the previous evening could test positive for five parts per billion of THC. A "pot high" typically peaks within 30 minutes and dissipates within two to three hours, but THC can remain in a habitual smoker's blood for days, even weeks. Additionally, an inexperienced marijuana user may become extremely impaired on a relatively small amount, while a habitual smoker may show virtually no signs of impairment.
The bottom line is, at this point, there is still a lot to learn about the impact of marijuana use on traffic-related deaths, as well as the legal system’s ability to define regulations in a fair, effective way.
Jodat Law Group - Marijuana DUI Lawyer
If you’ve been arrested for driving under the influence of alcohol or drugs, including marijuana, Jodat Law Group can help. Even a first offense can result in jail time, fines, and the revocation of your driving privileges. Our experienced legal team knows that every case is unique. We will analyze the details of your arrest, and the underlying circumstances, to determine how to move forward. Jodat Law Group has a proven track record of getting Marijuana DUI charges reduced or dismissed for our clients. We will be with you every step of the way, making sure your rights are protected. Contact us today for a free consultation about your case.