SANTA MARIA MARIJUANA DUI ATTORNEY VC 23152(F)

Blood Tests

When suspected of driving under the influence, an officer will offer the choice of a breath test or a blood test. If you opt for a Breathalyzer and the results are negative, the officer can require you to take a blood test – but only if there is reasonable suspicion of drug use.

A blood analyst can test for the presence of THC directly; however, blood tests are often unreliable, as THC metabolizes, or breaks down, much quicker than alcohol. Blood tests cannot be relied upon to determine the level of THC in your bloodstream at the time of driving.

Additionally, THC is fat-soluble, meaning it can linger in your system for up to a month after initial consumption. Someone can be perfectly sober while driving but return a positive result from a THC blood test.  

URINE TESTS

After consuming cannabis products, your body will break down the main components, such as cannabidiol (CBD) and THC, into inactive components called metabolites. Unlike a blood test that looks directly for THC, a urinalysis can only measure the concentration of metabolites present in a suspect’s urine.

Urine tests are incredibly unreliable at determining intoxication while driving for two reasons:

• CBD, the non-psychoactive component of marijuana, breaks down into metabolites that can trigger a false positive.
• Urine tests can only show that some form of cannabis product, whether a high-CBD/low-THC product or vice versa, was consumed at some point – it cannot reveal the specific type of product used or when it was taken.

ORAL SWABS

Oral swabs or saliva tests are implemented in select counties across the US, including Los Angeles. For now, however, saliva tests can only be used as a preliminary measure, as they are not yet deemed admissible in a court of law. If you are subjected to an oral swab that yields a positive result, an officer may arrest you and force you to take a blood test.

A saliva test can be conducted at the scene. While the test is more precise in indicating recent use to within a few hours, an oral swab cannot prove impairment.

Circumstantial Evidence

It is important to note that a prosecutor does not need a positive chemical test to prove you were “high” on marijuana while operating a motor vehicle.

During an arrest, an officer will make other observations, which are often subjective, that can be used to convict you with a DUI of marijuana, including:

• Your performance on a field sobriety test (FST)
• What you say to the officer
• Your behavior and driving pattern
• Physical symptoms of impairment, including rapid heart rate or breathing, enlarged pupils, red eyes, dry mouth, and slow reaction times
• The presence of a marijuana smell, cannabis products, and drug paraphernalia

During the time of the traffic stop, an officer may also call in a Drug Recognition Expert (DRE), who is trained in examining an individual for any signs of drug abuse or intoxication. They can be called on to testify against you during trial.  

A DUI that results in injury may be charged as a misdemeanor and will carry the following penalties:

• 1 to 3 years revoked license
• At least 5 days in jail or up to 1 year
• $390 to $5,000 in fines in addition to restitution to injured victims
• 3, 18, or 30 months of DUI school

A prosecutor will likely hit you with felony DUI charges if the incident involves severe injury or death to other parties, your record shows prior DUI felonies, or if this is your fourth drug or alcohol-related DUI offense within 10 years.

Felony DUI charges may include:

• 4 years license revocation
• 16 months, 2 years, or 3 years in state prison
• $390 to $1,000 in fines
• 18 or 30 months DUI school

Felony DUIs involving injury to others may include:

• 5 years license revocation
• 16 months to as many as 16 years in state prison
• $1,015 to $5,000 in fines in addition to victim restitution
• 18 or 30 months DUI school

Felony DUIs of marijuana involving death may also carry felony manslaughter or murder charges.