Driving patterns associated with marijuana impairment

Driving under the influence of marijuana is illegal – period. However, it is often difficult for an officer to specifically detect marijuana as being the reason why one is driving in a particular manner. Unlike alcohol, marijuana use, by itself, rarely invites specific driving patterns that are noticeable and, as a result, committing any traffic violation could ultimately lead to a driving under the influence of drugs (DUID) investigation. When charged with driving under the influence of drugs, it is vital that the accused hires an experienced criminal defense lawyer who understands exactly how marijuana affects the body and driving so that he or she can successfully defend the accused.

Marijuana, quite frankly, isn’t believed to be nearly as harmful as alcohol when it comes to its effects on driving. If mixed with other drugs or alcohol, or consumed in very high quantities, the risks to oneself and other drivers increase. However, most studies that have been conducted reveal that marijuana doesn’t truly impair driving and that drivers who have used marijuana are no more likely to be at fault in fatal or non-fatal accidents than drug-free drivers. In fact, it has been reported that some drivers may be able to improve their driving performance by overcompensating for self-perceived impairment.

Nonetheless, there is also a belief that marijuana impairs balance and coordination, both of which are believed to be necessary in order to safely drive a car. Law enforcement studies reveal that marijuana use may lead to impaired performance on driving simulator tasks, both on open and closed driving courses, a decrease in one’s ability to handle his or her car, slower reaction times and a possible inability to correctly estimate time and distance. As a result, individuals who are unable to maintain a consistent distance between their car and other cars or who appear to be falling asleep may raise suspicions of driving under the influence – but to say that those symptoms are necessarily marijuana related would simply be a guess, as they could also be the result of impairment due to any drug or could be the result of fatigue, illness, distraction or any number of other legitimate conditions.

If ultimately arrested for driving under the influence of “drugs” (an officer is not required to state what drug he or she is arresting the driver for using, unless the officer is a DRE – a drug recognition expert) and marijuana is detected by a chemical test after the fact, it is very likely that the officer’s testimony at trial will include information about how the driver displayed slower reaction times, impairment in his or her motor coordination and a lack of vigilance, all things that would have had an effect on his or her driving.

Driving under the influence of marijuana will more often than not only be suspected once alcohol is ruled out as an impairing factor. Physical signs and symptoms will be observed, field sobriety tests (FSTs) will be administered and, in an effort to justify the stop, the officer will determine that the individual had been driving drunk. Once a preliminary alcohol screening (PAS) device – an on-site breath test –reveals that alcohol is not an issue, the officer may call upon a DRE to do a drug investigation or may simply choose to arrest the driver for D.U.I.D. Either way, “driving patterns consistent with marijuana use” will only be addressed when the officer looks back on why he or she stopped the driver and tries to convince the judge and jury that it was because the driver displayed driving that displayed signs of impairment. The savvy criminal attorney knows, however, that he or she can challenge this testimony, as there truly are no driving patterns associated with this particular drug.

The unsurpassed attorneys at The Kavinoky Law Firm specialize in driving under the influence of marijuana cases and have mastered the defenses that are most successful in helping their clients charged with this offense receive favorable results. To learn more, contact these outstanding lawyers today for a free consultation.