Review How the Driving While High Test Works and 2024 DUI-M Defenses
Driving while high consequences are equally as severe for a person as getting a DUI, DWI charge for being over the alcohol legal limit. Furthermore, police not having probable cause to stop a driver in the first place is still one of the best legal defenses to this charge.
Is the smell of weed enough to search a car? No – the odor of Marijuana alone is not indicative of a crime, according to expert DUI lawyers who regularly challenge driving while high cases since Cannabis has become legal in many states today.
This complexity of updated local 2024 Marijuana laws with how they apply to DUI-related offenses, is where specialist DUI attorneys often utilize various legal technicality defenses based on a driver’s rights to win this type of case.
Driving While High Test – Police Now Testing a New DUI Device That Detects Drugs in 5 Minutes
Since as recently as 5 years ago in May 2019, police in a growing number of states around the country are leading the charge with a new experimental device they can use to test drivers who might be high.
Police departments already implementing this driving while high drug DUI testing device, say the newly passed laws for legal recreational marijuana use is resulting in a faster effort to find a drug testing device that can be used during a traffic stop.
Officers who are participating in the driving while high device experiment on individuals suspected of being intoxicated by Marijuana or other drugs, have the objective of confirming the reliability this new drug test which is similar to a near-instant breathalyzer for BAC.
How the Driving While High Drug Testing Device Works:
- The drug test device has no electronics with it, unlike a breathalyzer, and a driver’s saliva test sample is entirely self-contained in a sealed package.
- A police officer will take out a swab and instruct the driver to swipe it inside of their mouth, underneath the tongue to absorb enough saliva for a useful test sample.
- This field drug test will currently take an average of 5 minutes to complete, with the device technicians aiming to reduce the drug testing device time to 2 minutes in the near future.
- Lastly, the officer will collect swab of a driver’s saliva, place the swab back into the kit, seal it up and be able to see the test results almost immediately.
This new driving while high test device goes even further than testing drivers for marijuana. The new portable drug screening device can also currently detect almost half a dozen other types of prescription medication, illegal drugs, and narcotics such as:
- Amphetamines
- Methamphetamines
- THC
- Opiates
- Cocaine
The results are then processed at a local lab the police department uses for chemical DUI, DWI test analyzing and storage of test samples.
Additionally, there’s also more to this new driving while high DUI crackdown overall. Police officers nationwide are updating their training on conducting safety roadside checks and DUI checkpoints, to enhance their ability to detect a person’s drug impairment through these modern drug tests.
One of the latest indicators police now look for when they suspect a driver is under the influence of cannabis, is watching for eyelid tremors, which they claim is often a THC/Marijuana impairment sign exhibited by individuals driving while high.
Navigating a DUI-M Arrest: Tests, Defenses, and Your Next Steps
Getting pulled over for suspicion of driving high and under the influence of marijuana (DUI-M) can be a confusing and stressful experience. Unlike alcohol where a breathalyzer provides a clear-cut measure of intoxication, DUI-M cases involve more complex legalities and testing procedures.
Here, our experienced DUI attorneys aim to shed light on the general approach to DUI-M arrests, focusing on the updated tests used, potential defenses, and what to do next.
Understanding DUI-M Tests:
There is no single standardized test for DUI-M across the country. However, various methods might be used, depending on the state and specific circumstances. Here’s a breakdown of the commonly encountered tests:
- Field Sobriety Tests (FSTs): While not specific to marijuana, officers may administer traditional FSTs like the walk-and-turn or one-leg stand. These tests are subjective and can be influenced by various factors, making them unreliable indicators of impairment on their own.
- Blood Tests: Blood tests are the most common method for detecting THC, the psychoactive compound in marijuana. However, it’s crucial to remember that a positive blood test only reveals the presence of THC, not necessarily your level of impairment at the time of driving. THC can linger in your system for days or weeks after consumption, potentially leading to a positive test even if you weren’t under the influence while driving.
- Urine Tests: Some jurisdictions might utilize urine tests as an alternative or supplement to blood tests. Similar to blood tests, they detect THC presence but not impairment. Additionally, factors like recent use of non-marijuana substances can influence the results.
Building a Strong DUI-M Defense:
The specific legal strategies available to fight a DUI-M charge will vary depending on your state and the circumstances of your case. However, some common defense options for driving while high charges across the country include:
- Challenging Probable Cause: This involves questioning the legality of the traffic stop that led to the DUI investigation. If the officer didn’t have a valid reason to pull you over, the entire case could be dismissed.
- Challenging the Testing Procedures: This strategy focuses on potential issues with the tests themselves, such as improper collection procedures, mishandling of evidence, or flaws in the testing equipment. An attorney can request a review of the testing procedures and chain of custody documentation.
- Arguing Lack of Impairment: Even if a test shows THC presence, your attorney can argue that you were not under the influence at the time of driving. This might involve presenting evidence of alternative explanations for your behavior during the stop, such as medication side effects, recent exercise, or underlying medical conditions.
- Medical Marijuana Defense: In states with legal medical marijuana, your attorney can argue that you were a licensed user and within the legal limits of consumption.
Remember: A free arrest review from a local DUI defense attorney with proven expertise fighting driving while high charges in your area is essential to understand your legal options and build the strongest possible defense.
