General Discussion
In reply to the discussion: How will over-the-limit, DUI driving infractions be determined [View all]AgainsttheCrown
(165 posts)An invasive blood test...at least for the short term. Someone mentioned a saliva test...but I've never heard of it used in US Law Enforcement. But then I don't know everything about US Law enforcement...
Based on how many clues...I guess we'll call them the violator...gets on the Standardized Field Sobriety Tests (And any other tests I decide to use), the failure of the pupils to constrict when light is applied, and the appearance of the tongue...I could arrest a smoker for DWI with a blood sample refusal and leave it at that. But I'd want as much evidence to make my case, so I'd get a warrant for blood to tie a nice bow around the case.
To be honest many officers are not comfortable making the arrest because a marijuana high isn't as obvious as drunkenness from alcohol. Last week a rookie passed up the arrest of a guy who was clearly high (almost ran someone off the road...smell of marijuana in the car), because he passed one test (failed all the others when I suggested he continue).
What he didn't know at the time was that marijuana doesn't cause Horizontal Gaze Nystagmus (The clearest indicator of intoxication from alcohol)...It causes pupil dilation.
Obviously this legalization will be a challenge for law enforcement because it's easier to arrest a drunk who refuses all tests than someone who's stoned. Agencies will have to send their officers to Drug Recognition Expert training or incorporate it in to the academies. The school is a month long and supposedly pretty intensive...so it's not likely that current officers will be sent to it.
I've wondered how cops will police in a world with legalized drugs...
As a cop who is for legalization, but hates intoxicated driving I find this fascinating. CO and WA are pioneering what will happen in Texas in about...20 years.
Will we will still be able to use the smell of marijuana as probable cause to search a vehicle? How will any impairment level be determined? I have no clue how the level of impairment for alcohol was determined. If breathalyzer results are inadmissible in court will saliva tests for THC share the same fate? And then there's the whole federal vs state pissing match...
It will be interesting to see how this display of democracy plays out...