DRUGGED DRIVERS S.O.L. (spit out of luck)?

California drivers who are pulled over might be asked to provide not only their license and registration…but also some saliva!  Law enforcement agencies across California and other cities nationwide are using oral swab testing as a new method for the testing of drug impairment.

Marijuana DUI Cases Increase with Medical Marijuana Use in California

Are California drivers who lawfully prescribe to and use medical marijuana exempt from DUI laws by reason of their medical status?  To find out the answer, click "read more" below.

Myles L. Berman DUI / Drunk Driving Case Of The Week 1/7/13

Our client was stopped at an intersection. When the light turned green, the car behind our client honked the horn. Our client turned left while accelerating through the intersection losing traction and squealing the tires. At first, our client was driving between 2 lanes and then within 1 lane. After observing all this driving, the officer stopped our client. After the stop, our client did not have driver's license with him. Officer smelled burnt marijuana in the car. Client admitted to smoking pot a couple of hours earlier. Officer then observed bloodshot/watery eyes, thick film on tongue, elevated pulse, flushed face and slow, soft, thick speech. Client failed 5 field sobriety tests. A Drug Recognition Expert was also called, examined client and concluded client was under the influence of cannabis. A pipe and glass jar with marijuana were found in car. Client was then arrested for driving under the influence of drugs.

Michigan Bans DUI Marijuana Prosecutions

The Supreme Court of Michigan recently reversed a driver's conviction while allegedly driving under the influence of marijuana because having the presence of carboxy in the system in not a crime in Michigan. Carboxy is a metabolite that is created when THC (an active ingredient in marijuana) breaks down. Experts have shown that carboxy can be found in the system for weeks and does not indicate a driver is impaired for DUI prosecutions. The court ordered prosecutors to stop prosecuting drivers for DUI based on the presence of carboxy in the drivers' system. The recent Michigan Supreme Court decision reversed a 2006 decision by the same court. Prosecuting drivers for DUI-drugs is very difficult as there are few, if any, scientific studies concluding illegal drugs causes impairment.