Now that Prop 64 has passed, will DUI rates skyrocket across the state?
The only answer we can really give is—maybe?
The reason for uncertainty lies within sobriety testing for marijuana.
Police officers have devices that can accurately read the BAC, or blood
alcohol content, of a driver. Through breathalyzers, they can quickly
determine if a driver’s BAC is .08% or higher and make an arrest.
A device that can accurately read the immediate presence of THC is not
readily available to officers.
Currently, determining the level of marijuana a driver might be influenced
by is subjective. An officer might have visual cues and the driver might
smell like marijuana, but it is difficult to prove that the driver was
operating the vehicle under the influence of THC in court.
When Colorado legalized marijuana, they included a statute that stated
the legal limit of THC for a DUI. The current threshold is five nanograms
of THC, even though measuring that THC is difficult without an accurate
device. Currently, scientists are hard at work developing something that
can help officers accurately test drivers. Police are now testing five
different oral fluid testers that measure the THC levels of a driver’s
saliva. If one of these tests proves to be successful, it could become
the state-wide accepted test.
Evidence from other states that have legalized marijuana points to an increase
in marijuana DUIs despite the fact that it is illegal to drive under the
If you or someone you care about has been arrested for driving under the
influence of marijuana, call The Law Offices of Robert F. Sommers. Our
Ventura DUI lawyers can help protect your rights and ensure that the officer
had enough evidence to arrest you lawfully.
Contact our office by calling 805.919.8662 and speak with a member of our legal team.