Driving Impaired And The Impact Of Marijuana
As marijuana laws evolve across the United States, the implications for driving under its influence have become a significant area of concern. In Texas, while recreational marijuana remains illegal, medical use is permitted under specific conditions.
Should you or someone you care about be involved in a driving arrest involving marijuana, you need to connect with a professional who understands this evolving legal landscape. A seasoned Houston DWI lawyer is familiar with how law enforcement handles charges involving marijuana and has the skills and confidence to guide individuals through next steps.
Legal Limits and Testing for Marijuana Impairment
Unlike alcohol, where a Blood Alcohol Concentration (BAC) of 0.08% is the legal limit for drivers, there is no established limit for marijuana impairment in Texas. This is because use of the drug is illegal in most circumstances, but an absence of a standardized limit can complicate marijuana-related cases.
On top of the absence of a legal limit, testing for marijuana impairment presents unique challenges. Unlike alcohol, which can be measured accurately and in real-time with a breathalyzer, marijuana detection is more complex. THC, the psychoactive component in marijuana, can remain in the bloodstream long after its effects have worn off. That said, there are tests that can be used to help law enforcement to discern if an individual is under the influence.
Common marijuana testing methods:
- Blood tests. These can detect THC levels in the bloodstream, but there is no consensus on the THC level that constitutes impairment. Blood tests can show past use rather than current impairment, making them less reliable for DWI cases.
- Urine tests. These are even less reliable than blood tests for determining current impairment. They can detect THC metabolites that remain in the system for weeks after use.
- Field sobriety tests. Officers may use field sobriety tests to assess impairment, but it’s important to note that these tests are subjective and they were originally designed to detect alcohol impairment, making them less accurate for detecting marijuana use.
In short, a primary difference between alcohol and marijuana DWI offenses is the method of detection and the ambiguity surrounding impairment levels.
Questioning Observational Evidence
Many impaired driving charges are connected to field sobriety tests. Sometimes there is enough evidence for a conviction, but often officer observations can be challenged for their subjectivity and lack of reliability when it comes to detecting marijuana impairment.
As soon as you hire a knowledgeable Houston DWI lawyer they will carefully review all evidence, including test results and police reports, to identify weaknesses in the prosecution’s case. Next, they may move to challenge the legality of the traffic stop, the administration of field sobriety tests, or the collection of blood or urine samples.
Should you talk to a lawyer about a marijuana-related charge? Share your story with the legal team at Ayson Law Firm. The impact of marijuana on Texas DWI charges is a complex and evolving issue, securing legal support is a way to protect your rights. Contact us today for a free consultation.
