With the increasing legalization of marijuana across various states, law enforcement is adapting its strategies to ensure road safety. Driving under the influence of marijuana (DUI) remains illegal and dangerous, regardless of its legal recreational or medicinal status. If a police officer suspects you are driving while impaired with marijuana, several steps will be taken to assess and confirm impairment, protect public safety, and, if necessary, enforce legal penalties.

1. Initial Traffic Stop

If an officer pulls you over under suspicion of impairment, they are likely responding to erratic driving behavior. This could include:

• Weaving between lanes
• Driving much slower than the speed limit
• Sudden stops or hesitation at green lights
• Failure to follow traffic signs

While these behaviors may not directly indicate marijuana impairment, they can trigger a stop for further investigation.

2. Observation of Physical Symptoms

Once pulled over, the officer will approach the vehicle and observe your behavior. Unlike alcohol, which can be identified by the smell of alcohol on breath or slurred speech, marijuana impairment manifests differently. Officers may look for signs such as:

• Red or bloodshot eyes
• The smell of marijuana from the vehicle or your breath
• Slow or slurred speech
• Delayed reaction times
• Difficulty following basic instructions

In states where marijuana is legal, simply having the scent of marijuana in the vehicle may not be enough for an officer to presume impairment. However, combined with erratic driving, this could lead to further testing.

3. Field Sobriety Tests

If the officer believes you may be impaired, they are likely to request that you participate in a series of field sobriety tests (FSTs). These tests assess your coordination, balance, and ability to follow instructions. Common tests include:

• The Walk and Turn Test: The driver is asked to walk in a straight line, heel to toe, and turn around, following specific instructions.
• The One-Leg Stand Test: You may be asked to balance on one leg for a set period.
• Horizontal Gaze Nystagmus Test: The officer will check for involuntary jerking of the eyes as they follow a moving object, which can be a sign of impairment.

While these tests are typically used to detect alcohol impairment, marijuana can also impact motor skills and concentration, leading to poor performance.

4. Use of a Drug Recognition Expert (DRE)

If the results of the field sobriety tests are inconclusive or the officer suspects drug impairment, a Drug Recognition Expert (DRE) may be called to the scene. DREs are specially trained officers who can recognize signs of drug impairment through a 12-step evaluation process. This evaluation includes:

• Checking your vital signs (pulse, blood pressure, temperature)
• Examining eye movements and pupil size
• Interviewing you about your recent behavior
• Conducting a physical examination of your body to look for signs of drug use, like injection sites or unusual muscle tone

DREs are trained to differentiate between different types of drug impairment, such as depressants, stimulants, or cannabis.

5. Marijuana-Specific Testing

Unlike alcohol, there is no widely accepted roadside device to measure marijuana levels in the body. While breathalyzer tests are common for alcohol impairment, marijuana detection is more complex. Officers may use other methods to confirm their suspicions:

• Saliva Swabs: Some states are beginning to adopt saliva swabs to detect active THC (the psychoactive component of marijuana) in a driver’s system. However, these devices are still not widely available.
• Blood Tests: If the officer has strong reason to believe you are impaired by marijuana, they may arrest you and require a blood test. Blood tests can show the presence of THC, but the results can be controversial. Marijuana stays in the body for days or even weeks, so a positive result may not indicate recent use or impairment.

6. Legal Consequences

If you are found to be impaired while driving due to marijuana, you may face legal penalties similar to those for alcohol-related DUIs. These penalties vary by state but can include:

• Fines
• License suspension
• Mandatory DUI education programs
• Jail time for repeat offenders or severe cases
• Installation of an ignition interlock device

In some states, the laws regarding marijuana impairment while driving are evolving. Some states have a per se THC limit (such as 5 nanograms per milliliter of blood) that is considered evidence of impairment, while others rely more on officer observations and field tests.

7. Tips for Staying Safe

• Know Your State’s Laws: Marijuana laws differ from state to state. In some places, even a small amount of THC in your system can lead to a DUI charge. Make sure you understand the specific regulations in your area.
• Avoid Driving After Use: Even if marijuana is legal in your state, the safest approach is to avoid driving entirely after use. Wait until the effects have worn off before getting behind the wheel.
• Have a Designated Driver: If you plan on using marijuana recreationally, arrange for a sober friend to drive or use a ride-sharing service.

Conclusion

While marijuana legalization is spreading across the U.S., it is essential to remember that driving under the influence remains illegal and dangerous. Law enforcement officers are trained to identify signs of marijuana impairment, and if they suspect you are driving while impaired, they will take steps to ensure your safety and the safety of others on the road. By understanding the risks and legal consequences, you can make informed decisions about marijuana use and driving.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.