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What Signs Do Police Officers Look for in Suspected THC Impairment?
While marijuana is now legal in the state of California, that does not mean that it is legal to operate a motor vehicle under the influence of drugs. State laws establish that you cannot operate a motor vehicle while under the influence of alcohol or drugs. Additionally, you may face criminal consequences for operating motor vehicles while ‘addicted’ to a drug, though this does not apply to individuals currently enrolled in substance treatment programs. State law does not specifically mention marijuana, but general legal definitions apply to all forms of driving under the influence charges, including marijuana, alcohol, prescription drugs, and any other potentially intoxicating substance.
It can be difficult for police officers and the prosecution to prove driver impairment because of marijuana usage. While THC, which is found in marijuana, can alter memory, cognition, perception, and motor behavior, studies have not shown a consistent link between THC use and driver impairment. Some studies suggest that motorists may be least impaired when THC concentration in their blood is at the highest, while other motorists show more significant impairment when their THC levels are low in their blood.
When law enforcement officers suspect marijuana impairment, they look for the following signs:
- Erratic driving behavior, including slow driving, peculiar driving patterns, and unusual swerving
- Evidence of drugs in the car, including the presence of marijuana itself, drug paraphernalia, or a smoky odor inside the car
- Peculiar behavioral symptoms, such as impaired coordination, lethargy, and slow response times
- Physical symptoms include dilated pupils, bloodshot eyes, or the smell of marijuana on a person’s body
- And if the driver admits to using marijuana that day, this may lead to further investigation
Can You Face DUI Charges for Driving Under the Influence of Marijuana?
In California, DUI laws are not just about alcohol. You can be arrested and convicted for a DUI offense if you are driving under the influence of drugs or other intoxicating substances.
Unlike alcohol, which has a legal limit, there is no specific limit for THC in a driver’s system. Rather, the law simply states that it is illegal to drive under the influence of any drug. What this amounts to is that the prosecution must prove that the driver’s mental or physical abilities behind the wheel of a car were so impaired by marijuana use that they could not drive with the care, reaction time, and caution that a sober driver would have.
It’s important to note that the vehicle does not need to be in motion for the motorists to face DUI marijuana charges. Stationary vehicles could still result in law enforcement investigations and DUI arrests in certain circumstances. For example, if you pull over to the side of the road and use cannabis while parked, you are still technically in the process of operating a motor vehicle and may face charges as a result.
How Do the Police Prove a Marijuana DUI in California?
It can be difficult for police officers to prove that drivers are under the influence of marijuana or other drugs. While a breathalyzer test searches for blood alcohol concentration (BAC), there is no similar test in existence that searches for THC levels in the blood. Instead, police officers must rely on chemical tests and field sobriety tests.
The prosecution faces serious legal challenges when attempting to prove the DUI of marijuana because of the lack of a specific test to look for THC levels and because there is no legal limit for marijuana in California. Some states restrict the amount of THC that can be found in a driver’s bloodstream, but California does not.
In some cases, law enforcement may summon a drug recognition expert officer to assist in their investigation. These officers undergo specialized training to help them recognize the symptoms of drug intoxication.
What Chemical Tests Look for Marijuana Impairment?
When a motorist is arrested for a DUI, they will be asked to submit to chemical testing. DUI marijuana motorists are not given a choice between a breath test and a blood test, as there is no breathalyzer test available to measure the presence of marijuana in the bloodstream. Drivers suspected of driving under the influence of marijuana must submit to blood testing.
Blood test results are not immediately known and are usually provided to the defense at the arraignment stage of discovery. A blood test result supposedly shows the THC concentration in the defendant’s blood sample. If the THC concentration is considered high, the prosecution will use this as evidence to suggest that the driver was impaired.
THC can be detected in a person’s body for up to a month. However, THC levels can peak in as little as 10 minutes, after which point they steadily decline. By the time a police officer makes a DUI arrest and obtains a blood sample, most of the THC in the blood is gone.
Urine tests may also be employed to look for marijuana in the system. A urine test does not directly check for THC but rather looks for inactive metabolites found in marijuana. However, because these metabolites do not cause impairment, a positive urine test does not necessarily prove that you were under the influence of marijuana while operating your vehicle.
Some California counties have begun using saliva tests for marijuana. This test involves swabbing the inside of your mouth with a cotton swab. Although a saliva test may be good at detecting the presence of marijuana, they are not as reliable at establishing how much was consumed and whether it caused impairment.
Can You Refuse to Take a Chemical Test After a DUI Arrest?
California operates under an implied consent law, meaning that all motorists must consent to a chemical test after a DUI arrest.
Before the arrest, such as at a DUI checkpoint or a traffic stop, you have the legal right to decline to take a field sobriety test, saliva swab, or breathalyzer test. Only after you have been arrested must you consent to a chemical test.
If you refuse a post-arrest chemical test, you will face an automatic one-year suspension of your driver’s license. Your driver’s license suspension will stand even if you are not charged or found guilty of driving under the influence. You may also face additional consent expenses, such as extra time in jail and an extended duration in a DUI school program.
What Other Evidence Could Be Used in Your Marijuana DUI Case?
In addition to doing chemical tests and field sobriety tests, prosecutors will also look for other evidence to suggest marijuana usage and potential impairment.
The presence of drugs or cannabis paraphernalia in the vehicle can be used to establish probable consumption of marijuana. For example, a cloud of smoke in the car or a marijuana pipe within reach could be valuable evidence to the prosecutors.
In some marijuana DUI cases, even the scent of marijuana could help support a DUI conviction.
Schedule a Free Consultation with Our San Bernadino DUI Lawyers Today
Although the prosecutors have more challenges in proving DUI convictions involving marijuana usage as compared to alcohol consumption, that does not mean that you should rest easily and proceed without professional legal representation in your corner.
Our San Bernardino law firm has extensive experience representing clients in various DUI legal matters, including the complexities of marijuana cases. To learn more about our legal services and how we may assist you during this difficult legal issue, don’t hesitate to contact our California law firm to schedule your free initial consultation with our legal team today.
You can reach us at 909-500-4819.
