Can I get busted for driving under the influence of marijuana?
A big problem right now on the nation is enforcement of driving while intoxicated or driving under the influence.
They are giving a field sobriety test that has only been field tested for alcohol. And that test is already a pathetic joke. But there has been no legitamate testing that has been done in reference to have someone who is intoxicated by cannabis, and how they would perform on this tests, and therefore how these balance tests would reflect the intoxication of a person who is driving a vehicle.
A police officers makes an arrest based on the fact that he thinks that youre intoxicated. He's giving a field sobriety test that applies to alcohol, and you didn't consume any alcohol. Most people who had nothing to drink, would probably be inclined to take a blood test. So you take the blood test and you score really low or 0 alcohol.
I almost hate saying this because not all police officers are aware of this, but I'm going to say it anyway. In Texas, if you drive on the texas highways or public roadways, you have given implied consent that you will provide a sample of either or breath and/or your blood, if asked to by a police officer. If you refuse, then there are going to be consequences. The way that the law has been interpreted on this implied consent, if the police give you a breath test and it doesn't show that youre intoxicated or it's blowing away or theres no alcohol whatsoever, the officer can ask you to provide blood.
The people will say oh you're asking me to provide blood, i already gave you my sample, i'm done with you. Well the law says they can ask you for blood and if you refuse to give blood, they can take away your drivers license. And that a whole set of another issues, there's an administrative license review of a drivers license suspension based on a refusal or a failure on a blood test.
So i provide a sample of my breath it shows no alcohol, the officer ask for my blood Now either I voluntarily give him my blood, which i would never, ever advise anyone to do. Or i refuse. At that point, if the department has blood warrant procedures, they will get a warrant and draw blood. Soemtimes with the use of force. So now they gonna get your blood, and it's very extreme because the arrest was based on the alcohol testing. They arrested you and you passed the alcohol test.
So basically the officer is been proven wrong, except that they always have to go a step further. So now you're intoxicated because they arrested you, and just because you dont have any alcohol that just means you're on something else. That's the way they go with it.
The only way to find canabis, other illlegal drugs, or prescription drugs in your system, as of today is through blood or urine. Urine is a trash can, urine is going to only show what you have consumed and metabolized and what you have pushed through the waste system of your body. But I'm going to stick with the blood draw.
So they take my blood to the police laboratory, which historically they've done a horrible job in maintaining and calibrating their equipment. They're sloppy, in following their rules and procedures, and dont follow protocols. But you don't get to dictate where your blood goes. So they do a blood test.
Let's say I went to Colorado and smoked some marijuana last week, legally. And they're taking my blood today, because the officer just want to arrest anybody he can. He's taking my blood now, the lab is testing it, and it shows no active THC, in other words there's no psychotropic impact on my body or my system. I was not influenced, at the time of the arrest, by what I consumed a week ago. But it will show that I have the metabolite or caboxy It's proof that I used it, but not proof that I was under the influence of it.
Some states actually have a zero tollerance for any metabolite. Texas is not like that. In Texas we conclude scientifically that if you don't have the carboxy that you did not have any impairing or intoxicating substance in your body. So all that really is just that you smoked in the past.
Whats problematic about that is that many lawyers are not aware of this, and they don't know to request the blood results, the background data, the gas chromatograph internal material who would tell about the procedures, the testing, what was done. So you can be completely sober in Texas, and get arrested for DWI because the cop thinks he smelled alcohol on your breath. The next thing you know you got a lawyer telling you to plea guilty because when they took your blood with a search warrant, the metabolites were present, showing that you smoked marijuana in the past.
It can be a frightening scenario.
Get the DWI Dude App!
- Boating While Intoxicated on 4th of July
- Can I get busted for driving under the influence of marijuana?
- Is the smell of marijuana probable cause for police to search your car?
- Can you be ordered out of your car for a previous arrest record?
- Avoid a DWI with The DWI Dude