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The problem with drug testing for “high driving”

Posted by Bulldog Law | Mar 30, 2023 | 0 Comments

When someone is driving under the influence of alcohol, there are various tests that police officers can use. These tests allow them to check that person's blood alcohol concentration (BAC). For example, a breath test can show if someone is at or above the limit of 0.08% BAC. 

However, driving while under the influence of marijuana is also illegal. Both substances – alcohol and marijuana – can be purchased and used recreationally. But impaired driving charges can be given to those who are caught using them while behind the wheel. That being said, testing for marijuana impairment is not nearly as simple.

Marijuana can be detected for up to 30 days

The issue is that a breath test for alcohol use is going to be fairly accurate to what the person's BAC is right at that moment. The police can determine not just that they have been using alcohol recently, but that it is still impairing their ability to drive.

With marijuana, especially for frequent users, it can be detected in a person's system for up to 30 days with a drug test. The actual impairment caused by the drug may only last for a few hours. This can create some issues because someone could theoretically fail a drug test even though they have been sober for days or even weeks. It is not nearly as precise and does not yield as accurate of results as a test for alcohol.

This can lead to some complications for those who are facing impaired driving charges. They need to make sure that they know exactly what legal defense options they have.

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