Legislators are considering a bill that would allow law enforcement officers to use an oral swab test to determine the presence of marijuana, cocaine, amphetamines or pain medications. This bill authorizes research at UC San Diego to develop marijuana-specific field sobriety tests. These roadside tests would be used by arresting officers to determine whether someone is under the influence of marijuana and therefore impaired to drive.
There is growing concern over the validity of Field Sobriety Tests that are currently used during traffic stops. Many believe that the tests are inaccurate. The National Highway Traffic Safety Administration recognizes three standardized field sobriety tests: Horizontal Gaze Nystagmus, Walk-and-Turn Test and One Leg Stand. These tests require specific instructions that can affect the accuracy if given improperly. There is no word of how the Marijuana-specific FSTs would be issued and which, if any, would join the three listed above as standardized.
Understanding your Rights after an arrest for Driving Under the Influence of Marijuana
Being arrested for driving under the influence of marijuana can affect your entire life. You need the help of an experienced San Diego DUI Attorney. The DUI Defense Law Group knows the laws governing marijuana use and driving. Do not trust your case to an inexperienced lawyer. Lead Trial Attorney Jennifer R. Goldman will not rest until you get the best possible outcome in your case. Her knowledge of DUI laws is unmatched. She has dedicated her career to defending those charged with driving under the influence of alcohol and drugs. Call not for a free consultation.