The questions asked in this interview mainly dealt with how law enforcement handles, as well as tests, traffic stops regarding driving under the influence of marijuana. Since the legalization of weed in California occurred this past November, are police officers able to properly assess whether someone is intoxicated of THC while driving?
“Generally, officers lack effective training that increases their ability to distinguish those individuals who are under the influence of THC and those who have used THC product,” said Attorney Middlebrook. “But that will not stop them from trying to assess if you are high.”
So far, the National Highway Transportation Safety Administration is still trying to establish tests to be performed in the field to correlate impaired THC driving to performance on the test. However, the main issue is that effects of marijuana drastically vary, which makes finding such a test practically impossible.
Currently, the most common portable drug testing device being used is the Draeger 5000, which collects saliva samples and is able to report the presence of a drug in under four minutes. Unfortunately, the residual and non-active ingredients in marijuana metabolites test just as positive as active ones.
If you are pulled over under the suspicion of driving under the influence of THC, our Bakersfield DUI lawyer recommends you do the following:
- Always obey the officer’s instructions and provide identifying information when asked.
- Request a blood sample. If you are impaired, however, do not take a blood test.
- Don’t perform any field sobriety tests since you are not required to do so. In addition, they are often subjective and difficult to pass.
- Don’t answer any questions regarding ingesting any substances or details about your personal life and medical conditions.
- Contact a lawyer as soon as possible, preferably one with experience in DUIs.