The Difficulty in Proving Driving Under the Influence of Marijuana

In every state in the union it is unlawful to operate a motor vehicle while under the influence of marijuana. In driving under the influence of marijuana cases, the prosecution must prove beyond a reasonable doubt that the driver was so impaired at the time of driving, that the driver could not operate a motor vehicle safely. Unlike alcohol, there is no accurate way to measure THC levels (the active ingredient in marijuana) since it is difficult to know when the actual intake of marijuana actually occurred and because a person can test positive for marijuana for up to thirty days after first using marijuana. Measuring alcohol is a different story. Most jurors understand that a blood alcohol level of over 1.0 usually means the driver was "per se" too impaired to drive a motor vehicle safely. Marijuana is a different story.

Without a viable and reliable way to measure the level of THC in a driver, the police must resort to using other forms of testing such as conducting field sobriety tests on the driver. These tests are by nature very subjective and problematic to administer fairly. Field sobriety tests are used by the officer to determine if, in his or her professional police opinion, the driver was so impaired he or she could not operate a motor vehicle safely and therefore should be arrested for driving under the influence of marijuana.

The driver is usually ordered out of the vehicle to perform field sobriety tests. While standing on the side of the road, an officer puts the driver through a series of tests. While each jurisdiction uses its own field sobriety tests, there are some common tests used by practically all police agencies.

Balance tests. Although marijuana is not generally associated with a loss of balance, this is still a commonly used test.

Coordination tests. These tests are often difficult even when sober, so they may not be fair in certain conditions.

Mental tests. External factors such as fatigue or nervousness can affect these tests, which are often given at night or under stressful circumstances.

Marijuana impairment is difficult to prove but carries with it heavy punishment. If you are arrested for driving under the influence of marijuana based on the results of field sobriety tests, you should hire a qualified attorney at once.

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