Driving under the influence of drugs and alcohol is an ongoing problem that requires creative solutions. With the legalization of Marijuana for recreational use, the problem of intoxicated driving in California could be multiplied many times over. While marijuana use is legal in California, driving under its influence is not. DUI marijuana is the equivalent to driving while under the influence of alcohol, a serious crime that carries life-altering legal consequences. If you are convicted of DUI marijuana you could face the loss of your driver’s license, a heavy fine, and spending time in jail. Marijuana usage is on the rise and official fear that the rate of DUI marijuana will see a proportional increase as well.
One potential solution that has been proposed is to for the government to give away hand-held THC testing equipment so that individuals that have used marijuana can see whether or not their blood-THC level is within the legal limits. Such devices could actually be required to be installed in cars to make the driver aware that they are “too high” to drive. In California, Senate Bill 1046 requires those convicted of a DUI to install an ignition interlock to prevent them from driving while intoxicated a second time. There are several reasons that a judge could think it is appropriate to require an IID to be installed such as having a BAC in excess of .15, causing property damage or personal injury while driving under the influence, or driving while your license is suspended. The problem THC level detection presents for law enforcement officials is that there is no way to accurately measure the level of THC in the blood as there is to measure one’s blood-alcohol content.
Test Equipment for THC
The problem is that the technology that currently exists to record THC levels is unproven. There is technology that can register a yes or no answer as to THC in the system but accurately quantifying the amount of THC in the blood has eluded most tests. Currently, once police have legally pulled over an automobile they will conduct a visual examination of the suspect and the vehicle, looking for signs of marijuana use such as bloodshot eyes, narrowed eyelids, and of course the unmistakable smell of marijuana in the vehicle. If DUI marijuana is suspected, the officer can require field sobriety test and examine one’s coordination and ability to concentrate.
