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Will the Passing of Prop 64 Impact DUIs in CA?

Now that Prop 64 has passed, will DUI rates skyrocket across the state? The only answer we can really give is—maybe?

The reason for uncertainty lies within sobriety testing for marijuana. Police officers have devices that can accurately read the BAC, or blood alcohol content, of a driver. Through breathalyzers, they can quickly determine if a driver’s BAC is .08% or higher and make an arrest. A device that can accurately read the immediate presence of THC is not readily available to officers.

Currently, determining the level of marijuana a driver might be influenced by is subjective. An officer might have visual cues and the driver might smell like marijuana, but it is difficult to prove that the driver was operating the vehicle under the influence of THC in court.

When Colorado legalized marijuana, they included a statute that stated the legal limit of THC for a DUI. The current threshold is five nanograms of THC, even though measuring that THC is difficult without an accurate device. Currently, scientists are hard at work developing something that can help officers accurately test drivers. Police are now testing five different oral fluid testers that measure the THC levels of a driver’s saliva. If one of these tests proves to be successful, it could become the state-wide accepted test.

Evidence from other states that have legalized marijuana points to an increase in marijuana DUIs despite the fact that it is illegal to drive under the influence.

If you or someone you care about has been arrested for driving under the influence of marijuana, call The Law Offices of Robert F. Sommers. Our Ventura DUI lawyers can help protect your rights and ensure that the officer had enough evidence to arrest you lawfully.

Contact our office by calling 805.919.8662 and speak with a member of our legal team.