Physical signs and symptoms of marijuana use
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Driving under the
influence of marijuana is not as easily detectable as driving
under the influence of alcohol. Alcohol consumption, in quantities
large enough to cause impairment, produces obvious physical signs
and symptoms in an individual, whereas marijuana
use isn’t quite as recognizable. There are, however, certain
physical characteristics that are associated with marijuana use
that a trained officer may look for when conducting this type of
investigation. Hiring a skilled
California DUI attorney who knows how to effectively challenge
this type of physical evidence is the best defense that the accused
can employ.
Red eyes, the odor of marijuana on one’s person or emanating
from one’s breath, an increased appetite and dry mouth are
among the most common physical symptoms of marijuana use. Anyone
familiar with the effects of marijuana may recognize these signs
when trying to determine if another has been smoking or otherwise
using this drug. In addition to these, there are other physical
signs and symptoms that an officer will look for if he or she suspects
that a driver may be under
the influence of marijuana. If the officer has been qualified
as a drug recognition expert (a.k.a. a DRE), he or she will look
for more specific signs that may go unnoticed by an individual who
hasn’t received training on the effects that marijuana has
on one’s body.
In addition to those symptoms noted above, an individual who has
used marijuana may also
noticeably display debris of marijuana in his or her mouth, body
tremors and eyelid tremors. He or she may appear to be relaxed (or
in some cases just the opposite – paranoid and/or anxious),
less inhibited, disoriented and/or may suffer from a lapse in short
term memory and have difficulty judging time and distance.
If called to the scene, a DRE will ask a series of questions (designed
to elicit incriminating statements) conduct a series of tests (some
will be field sobriety tests
– FSTs- that the investigating officer already conducted)
and will make certain observations about the driver’s body.
The DRE officer will observe the suspect’s eyes, checking
for pupil size (use usually produces dilation) and horizontal gaze
nystagmus and vertical nystagmus, neither of which should be present
if marijuana was used. He or she will measure the suspect’s
blood pressure and pulse, both of which would likely be elevated
if the accused used marijuana. The officer will also look at the
driver’s muscle tone, which would appear normal even if marijuana
had been used.
Balance and coordination are also analyzed by the officer while
the accused performs the field sobriety tests. When evaluating these
“tests,” the officer is looking for anything indicative
of use, which might be slower reaction time and a difficulty following
directions. The attitude of the suspect is also closely examined.
Physical signs and symptoms of marijuana
use are plentiful, but not always accurate. An experienced criminal
defense lawyer who specializes in driving
under the influence of drugs (DUID) knows that there are always
conditions unrelated to drugs or alcohol that can legitimately explain
the signs and symptoms that an officer may observe and link to impairment.
Illness, fatigue, allergies and nerves can all affect one’s
physical appearance and one’s balance and coordination. A
good defense attorney will try to convince the judge and jury that
the officer conducted a biased investigation, only gathering evidence
that pointed to the driver’s guilt, dismissing any evidence
that pointed to his or her innocence. In addition, a practiced attorney
knows that the issue isn’t whether the accused used marijuana,
but whether he or she was under
its influence. It is the in-depth knowledge about these types
of defenses and
strategies that necessitates an attorney who focuses on California
D.U.I. defense. The outstanding
attorneys at The Kavinoky Law Firm do just that and have the
results to prove it. They are dedicated to protecting their clients
from the devastating penalties that
are often imposed in connection with driving under the influence.
Contact them today for a free
consultation and for unsurpassed representation.
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