As authorities, law enforcement officials, and representatives of the DEA attempt to figure out ways to curtail ‘drugged’ driving in Colorado now that recreational marijuana has been made legal, Californians may be left wondering if there is such a law in their state. In California, driving while under the influence of marijuana seems to be what cops are focusing on. The problem with legislating any such law, or even having a rational discussion about it, is that determining whether or not someone is ‘high’ or simply has marijuana in their system is entirely subjective; there is no real objective test.
California law does not distinguish, in name, between a DUI and a so-called DUID (driving under the influence of drugs). Both circumstances are covered under the (CA Vehicle Code 23152, parts “a” and “b.” Part “b,” the portion that many people believe they have a handle on, is the one that states that a person could be arrested on DUI charges if it can be proven that they are above the legal .08 alcohol limit. However, this section also covers illegal substances like marijuana.
Part “a,” however, is less well known by the average citizen. While many folks believe that they can drink and drive as long as they do not drink to the point of a .08% level, that they cannot be arrested. This is simply not true. With either alcohol or drugs (and this means both legal and illegal), what officers are looking for is whether or not your driving is impaired as opposed to a ‘sober’ driver. In other words, it’s entirely subjective. While there is no legal limit for the amount of, for example, the amount of THC (tetrahydrocannabinol – active ingredient in marijuana ) that a person has in their bloodstream, if an officer simply smells marijuana in the vehicle, you could be arrested. It remains to be seen what law enforcement officials in Colorado will come up with to determine levels, etc. for impaired driving. In the meantime, Californians should remain in the know about DUI laws in their areas.
Using genealogical research in solving crimes has become the new go-to for law enforcement agencies worldwide. When a suspect in a decades-old murder case is finally apprehended and brought to trial, the entire community, often the entire world, breathes a sigh of relief. Justice has finally been served. But how just is a criminal prosecution […]
As a nation, we tend to react universally to particular catchphrases and soundbites. One term that gets our collective hackles up is the word “victim.” Everyone wants to support and appear sympathetic to the victim; no one wants to seem judgmental of a victim. We have gotten so adept at our collective tiptoeing that we […]
If you’re in a situation where you are facing criminal charges, the criminal process can be confusing. The justice system has specific steps they follow. Whether federal or state, the prosecuting attorney has the challenge of proving guilt beyond a reasonable doubt. That means obtaining an attorney from a reputable law firm that understands the […]