It’s difficult to determine when drivers are high

On Behalf of | Jul 22, 2024 | Drug Crimes |

Driving impairment is against the law. Much of the time, drivers are impaired due to alcohol consumption. This is why many people refer to an impaired driving arrest as a drunk driving arrest.

However, impairment can come from many sources. If someone is using prescription drugs that say not to operate heavy machinery, they may be impaired. If they have been using marijuana products, they may be impaired. Alcohol doesn’t necessarily have to be involved.

Testing becomes more difficult

The problem that this creates for law enforcement, however, is that it’s very difficult to determine if the driver is impaired or not. With alcohol, the officer can give that driver a breath test. If the driver fails the test by having a BAC of over 0.08%, then they can presume that the driver is impaired.

But things like marijuana just don’t work the same way. Much of the time, the drug test will show evidence of prior use, but that’s not necessarily an indicator of whether or not the driver is actively impaired.

For instance, someone who is a chronic marijuana user may fail a drug test days after using those cannabis products. The person may not have been high in 48 to 72 hours, but that doesn’t mean they’ll pass the test. However, an officer can’t look at a failed drug test as evidence of impairment if the actual drug use was days before. That driver could be entirely sober, despite the test. 

Of course, these impaired driving arrests still happen, and driving under the influence is illegal. But these drug-related cases can be much more complicated, so those involved need to know about all their legal defense options.