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The protocol for non-alcohol related impairment, such as marijuana, is similar to that for alcohol. Officers may:
Yes, law enforcement may request standardized field sobriety tests in marijuana-related DUI investigations. However, these tests are voluntary, and you have the right to refuse them in California. Field sobriety tests are often considered unreliable indicators of impairment due to the stressful circumstances and unfamiliarity with the tests.
In addition to the methods mentioned above, officers may request a blood test to detect the presence of cannabis, specifically THC. However, it is difficult to correlate THC levels in the blood with actual impairment, as THC can remain in the system long after marijuana consumption. There is no specific level of THC that equates to presumed impairment, unlike the 0.08 blood alcohol concentration for alcohol.
A drug recognition expert (DRE) is an officer with specialized training in detecting drug-related impairment. They may be called to the scene if available and can conduct a more detailed investigation, including examining the eyes and asking additional questions. DREs are trained to recognize specific signs of marijuana use and assess whether the driver is impaired.
In a misdemeanor DUI case, if you refuse a blood test, the officer can obtain a warrant for a blood sample based on probable cause. If the officer does not obtain a warrant and you refuse the blood test, it becomes extremely difficult to convict you of DUI marijuana without a blood sample. However, refusing a test can still result in arrest.
Chemical testing for marijuana in a DUI investigation can only show the presence of THC in the system, not the level of impairment. No specific level of THC automatically indicates impairment, making it difficult to convict someone of DUI marijuana in California.
For more information on Protocol For Non-Alcohol Related DUI Arrest, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 486-7486 today.