How Can the Police Prove You Were Driving Under the Influence of Marijuana?

Adults in New York can legally use cannabis (marijuana). According to New York law, individuals over the age of 21 can possess up to 24 grams of marijuana outside their home for personal use in New York. However, while the use of marijuana is legal in New York for adults, it is illegal to drive while impaired or under the influence of cannabis. However, for law enforcement officers, proving that a driver is guilty of driving while impaired or under the influence of marijuana is more complex than proving a driver is guilty of driving while impaired or under the influence of alcohol. However, proving a driver was driving under the influence of marijuana is not impossible. Law enforcement officers can use several methods to prove DUI-marijuana. Keep reading to learn how the police can prove you were driving under the influence of marijuana.

How the Police Can Prove a Marijuana DUI

In New York, a driver can be charged with DUI for operating a vehicle while impaired or under the influence of marijuana. The following are the methods law enforcement officers can use to prove a marijuana DUI;

Chemical Testing

When a driver is stopped for suspicion of driving under the influence, they may be asked to submit to chemical testing. Drivers suspected of driving under the influence of marijuana may be asked to submit to a blood test. A blood test can establish the level of THC in a person’s blood. THC is the principal psychoactive constituent of cannabis. A high THC concentration can be used as evidence of impairment.

However, chemical tests may not be sufficient to prove a driver was driving while impaired or under the influence of marijuana. A blood test can give a false positive when testing for THC. This is because THC can be registered on blood tests long after the effect of smoking has worn off. However, this does not stop the police from using blood tests to determine if a driver was driving while impaired or under the influence of marijuana.

Citing Signs of Impairment

Another way the police can prove a marijuana DUI is by citing signs of impairment that they observed on you when they pulled you over. Some signs that may indicate impairment include;

• The smell of marijuana
• Reckless or careless driving
• Eye dilation
• Rapid heart rate
• Irregular speech patterns
• Red eyes
• Poor performance of field sobriety tests

Drug Recognition Experts (DREs)

In court, testimony from a drug recognition expert may be presented to prove a marijuana DUI. For example, a DRE may testify that you exhibited signs of impairment by cannabis.

Marijuana Field Sobriety Tests

The police may still use the field sobriety tests used for determining DUI-alcohol to determine DUI-marijuana, such as;

• The Horizontal Gaze Nystagmus Test: Tests for exaggerated jerking of the eyes
• One Leg Stand Test: Assesses postural steadiness
• Walk and Turn Test: Assesses balance

Each approach discussed above has potential flaws. A skilled DUI attorney can help you defend yourself.

Contact an NYC DUI/DWUI/DWAI Attorney

If you are facing a DUI-alcohol or DUI-marijuana charge in New York, contact our qualified NYC DUI/DWUI/DWAI attorney, Mark I. Cohen, for legal help.

Source:

nyc.gov/site/doh/health/health-topics/marijuana.page#:~:text=Alcohol%20and%20Drug,Possession%20in%20NYC