DUI Cannabis Facts
Besides the obligatory blood test that will be administered, evidence presented by the prosecution for a DUI drugs or DUI marijuana case will be matched together with the officer who wrote the original police report and handled the arrest (almost exactly in the case of a Driving Under The Influence of Alcohol):
– Physical appearance
– How the field sobriety test was handled.
– Abnormal driving.
– Statements made during the arrest.
Symptoms of being intoxicated rather than under the influence of marijuana are very different and often require a specialist to make the decision on which is correct. The arresting officer is normally unqualified or not trained well enough to definitively identify driving under the influence of Marijuana. Since this is normally the case, the defense can prevent the officer from testifying in court. Although, in most modern cases, another officer who is qualified is called on to the scene. These officers are also known as a
drug recognition expert, or DRE, this officer is trained specifically to identify the symptoms of numerous drugs, including marijuana. A qualified DRE can testify to the symptoms of drugs and/or marijuana, and the resulting impairments.
What constitutes “drugged driving”?
it is important to remember that: It is not an argument of the legal status of the drug that was used, but rather the level of impairment caused by the drug..
Drugged driving cases do not always consist of dangerous illegal drugs or narcotics. The drugs used by the suspect could be over the counter products (Robitussin or Zicam, for example) or medicine that has been prescribed by a doctor. The attention is on the driver’s mental stability and physical capabilities.
Driving under the influence of drugs has a vast protocol that must be followed in order to prove the defendant was on drugs at the time of arrest and it is complicated to prove. Mostly due to the absence of scientific research, the prosecution for these crimes is still a new development. Science has still been unable to:
- Compare the amount of drugs to the amount of impairment caused by them
- Identify individual tolerance to particular drugs, including marijuana
Due to these facts, the prosecution will encounter some problems convicting you. If a D.R.E does not examine the suspect, for example, the prosecution will be unable to determine how the observed symptoms are associated with which drug or cannabis. If a blood test had been administered, the test results may come back inconclusive or not conclusive enough to identify cannabis being in your system. If the results do happen to show a particular drug though, it might not be able to prove if enough of the drug or cannabis was taken to mentally and physically impair the driver.