DUI Attorney Blog - DUI Limits for Marijuana


Read our blog for the latest info about DUI arrest representation in Spokane, including information about marijuana and under age DUI. Nicholas George is a DUI Defense Attorney with years of experience defending drunk drivers in Spokane, WA. Nicholas George Spokane DUI Attorney - The DUI Warrior! Legal Representation.

Home > DUI Attorney Blog > DUI Limits for Marijuana > Contact Us

 Bookmark and Share

10.0Nicholas George  

Among the highest rated
Lawyers from Avvo, the
world's largest legal directory.
Lead Counsel Rated for Criminal Law and Drunk Driving Defense
Lead Counsel Rated
For Criminal Law and
Drunk Driving Defense
Top 100 DUI Attorneys in Washington State
Top 100 DUI Attorneys
Washington State
Nation's Top 1% Distinguished Counsel
Nation's Top 1%
Distinguished Counsel
Peer Review Rated for Ethical Standards and Legal Ability
Peer Review Rated for Highest Ethical
Standards and High Legal Ability
Top 100 Criminal Defense Lawyer Washington State
Top 100 Criminal Defense
Lawyer Washington State
2014
Top 100 Trial Lawyers
Top 100 Trial Lawyers
Washington State

Unlike Alcohol, its Tough to Set DUI Limits for Marijuana

Recent article by Ashley Halsey III of the Washington Post focusing on the issues surrounding limits for drivers who have consumed marijuana:

There is a legal limit for drunk driving, but when it comes to marijuana, new research shows it may be impossible to say just how high is too high to drive.
There's no breathalyzer for pot, and researchers say blood tests are useless when it comes to telling whether someone who has been smoking is fit to drive.

The question matters now that four states have made it legal for any adult to smoke marijuana, and more than 20 others have approved its use for medical reasons. In Washington, one of the first states to approve recreational marijuana use, a study released this week found that 17 percent of drivers involved in fatal crashes two years after marijuana was legalized had THC, the component that creates the high, in their system.

At least 20 states have approved laws on marijuana use by drivers. A dozen of them have made any use of the drug by those behind the wheel illegal; six others have set a legal limit similar to the .08 alcohol level, with any driver testing above it subject to a DUI conviction.

A report by researchers at the AAA Foundation for Traffic Safety said there is no threshold that indicates when a marijuana smoker may be too impaired to drive.

'There is no reliable number that has any meaningful value in terms of predicting impairment,' said Jake Nelson, AAA's director of traffic safety and advocacy.

The AAA Foundation recommends doing away with setting legal limits for THC. Instead, it says each police department should put a cadre of officers through 72 hours of training, followed by field testing, to be certified as drug recognition experts (DRE).

If an officer suspected marijuana use, a DRE could be called in to conduct an hour-long series of tests, and if they provide confirmation, a blood test would follow.

'It shifts the burden of evidence from the prosecution to the defense,' Nelson said. 'If you can prove that you weren't [using pot], you can avoid conviction, but if you can't beat this case, then you're going to jail.'

Nelson says that since there is no threshold, some people who are not fit to drive will get off the hook if they are stopped or involved in a crash.

'People who are driving impaired are still going to crash,' he said.

But 'if you have a blood concentration of THC below whatever stated threshold it is in your state, essentially the courts will presume sobriety. The odds of getting convicted of impaired driving, even if you're all over the road, are slim to none because of that number. And because we know from the research that the number is meaningless, that there's no research that supports any stated threshold, so to have those laws on the books is bad news.'


Share This | Contact Us


Try our free
"Online Case Analyzer"
to see if we can help clear your record or reduce your charges:

Case Type:
Arrest Date:
 

Any Prior Convictions?

 
Under Age Drunk Driving - What Can You Do?
Under Age Drunk Driving - What Can You Do?
Driving While Baked: New marijuana breath test device to detect levels of THCDrunk driver receives shorter prison sentence for treatmentFourth DUI could soon be a felony in WashingtonWest Side man arrested for alleged 11th DUIDriving While License Suspended (DWLS)
Driving While License Suspended (DWLS)
Hit-and-RunIntermediate Licenses: Teenage Drivers Can and Cannot Do
 

Let Us Help You Find some information with
our one-word search:

 


Nicholas George - Spokane Criminal Attorney & DUI Attorney

Follow Nick George on FacebookNick George on Google Plus

Nicholas George - Spokane Criminal Attorney & DUI Attorney

1312 N. Monroe, Suite 263, Spokane, WA 99201
(509) 474-1116
Toll Free: 844-747-9011
Fax: 509-315-4355

 

Home
Contact Us

Mobile Site

Full Disclaimer

The information contained on this website is provided for informational purposes only, and should not be construed as legal advice.  No recipients of content from this website, clients or otherwise, should act or refrain from acting on the basis of any content included on the website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the state of Washington.  The content of this website contains general information and may not reflect current legal developments, verdicts or settlements.  The Law Offices of Nicholas George expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this website.

 

 

 

 

 

 

Copyright 2017
Website Design by Dragonwyck® Web Design L.L.C.
Dragonwyck Web Design
If you have questions or comments about this website,
please contact the Webmaster

 

 
eXTReMe Tracker