Driving under the influence is most commonly associated with alcohol. But, under the influence refers to both drugs and alcohol. For this reason, you can get a DUI if you are under the influence of marijuana. But, it is not as easy to prove a marijuana DUI case as it is to prove an alcohol one. This is because marijuana doesn’t always show up during a breathalyzer exam. In order to be charged with a DUI, a police officer has to rely on field sobriety tests geared toward marijuana use. You should be aware of marijuana field sobriety tests used to determine if someone is under the influence of marijuana.
Difficulties with Proving Marijuana DUI
Marijuana DUI cases are difficult to prove. This is because there are tests that can prove that you are intoxicated. But, there are no immediate tests to measure THC levels. THC is the active ingredient in marijuana. If you have taken marijuana in the thirty days prior to your arrest, it will show up on a THC level test. This makes it hard to determine exactly when a driver took marijuana. It also makes it hard to determine how it affects driving abilities. Field sobriety tests are therefore a good option to use for determining marijuana DUIs. Still, these can be unreliable in court.
Balance and Coordination Tests
Police officers usually take you through several balance and coordination tests in order to determine your level of sobriety. You might be asked to perform tests such as balancing on one foot or walking in a straight line. But, these tests do not always stand up in court due to the fact that many factors can affect a driver’s balance. Furthermore, a police officer may not be able to see clearly depending on the time of day or weather.
Coordination tests can also be used if a police officer pulls you over and believes that you are not sober. Your dexterity will be evaluated based on tests such as your ability to touch your index finger to your nose with your eyes closed. These tests are also unreliable. They can be difficult to do even if you are sober. Many lawyers will be able to have the results of coordination tests thrown out of court.
If a police officer is trying to determine your level of sobriety, they might also test your mental state. One test often used is asking you to recite the alphabet backwards. Again, this is a difficult test to do correctly even if you are sober, so it isn’t very accurate. If you fail a test that the police officer asks you to perform, this does not mean that your case is doomed. You still have a chance to prove your sobriety in court.
A police officer will also note your physical appearance when trying to determine if you are high or not. The officer might take red, puffy eyes to be a sign of drug use. But again, the results of such a test are extremely difficult to prove in court. A lawyer can argue that your eyes were red because you have allergies, you were tired that day, or you had been crying because you were upset about something.
It is difficult to prove a DUI based on drug use because field sobriety tests are unreliable. They can easily be dismissed from court if your DUI lawyer makes a solid case. If you have been arrested for a DUI under the suspicion of marijuana use, you should talk to a Connecticut DUI lawyer about your case.