Marijuana and Drug-Impaired Driving: Why These DUI Cases Are So Complex
DUI cases involving marijuana or other drugs are getting more common, and they are also among the most legally complex DUI cases. In addition, unlike DUI cases involving alcohol, those involving drugs often involve subjective judgments and unproven science. Therefore, for someone charged with drugged driving, it is important for them to understand the differences between these cases and traditional DUIs.
No clear “legal limit” for marijuana
One of the largest challenges with marijuana DUI cases is that there is no standard for impairment. When alcohol is the issue, a breathalyzer or blood test can determine the percentage of alcohol in the bloodstream, and there are many years of case law to guide the courts. You can’t say the same about marijuana.
THC is the active ingredient in marijuana, but it can stay in your system for several days or even weeks after you’ve used it. It can show up in your bloodstream even when you’re sober. The fact that the blood contains THC doesn’t mean the individual was impaired while they were driving.
Subjective police observations play a critical role
In many drug-related DUI cases, law enforcement heavily relies on officer observations, not measurements. For example, red eyes, slow reactions, confusion, and unusual behavior may be tell-tale signs that you’re under the influence, or at least the police will likely believe so. Those symptoms can be caused by fatigue, stress, medical problems, and anxiety, especially when the suspect is stopped by the officer during a traffic stop.
Field sobriety tests, which were originally intended to check for alcohol impairment, are frequently used to check for marijuana impairment, despite a lack of reliability. Failure to pass these tests does not automatically mean you were impaired by drugs or alcohol. Maybe you just have bad knees.
Drug recognition experts and their limitations
In some DUI cases, there may also be an evaluation by Drug Recognition Experts (DREs). These are officers who are trained to recognize the signs of drug impairment. The opinions offered by these “experts” are not always reliable.
The opinions offered by DREs are based on human interpretation. The defense may also question whether the proper protocols were used in the evaluation by the officer.
Prescription drugs and legal medications
Drug-related driving charges are not limited to illegal substances. Prescription medications, including painkillers, sleep aids, and anxiety pills, as well as some over-the-counter medications, have been the basis of a DUI arrest. In these cases, drivers are lawfully taking their medications as prescribed and have no way of knowing they could potentially face a DUI charge.
Legal issues arise in these cases regarding notice, level of impairment, and the actual effect of the prescription medication on the operation of the vehicle.
Talk to an Orlando, FL, DUI Attorney Today
FL DUI Group represents the interests of Orlando-area residents who have been charged with DUI. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
