California DUI of Marijuana: No Reliable Gauge
California Vehicle Code 23152a makes it illegal to drive under the influence of alcohol or drugs or both. The most common type of DUI drugs case prosecuted in the state is DUI of marijuana.
Unlike alcohol cases, California law imposes no “per se” limit on the amount of marijuana that can be in a driver’s body. A blood test revealing THC levels, in and of itself, proves nothing. Therefore DUI marijuana prosecutions invariably rely on the testimony of police officers that the suspect exhibited signs and symptoms of marijuana intoxication. These tend to include bloodshot eyes, slow speech, a confused thought process and a lack of physical coordination.
Even if one believes that being “high on weed” impairs driving ability, police still lack a reliable means of gauging whether a driver is indeed high. Most beat cops are very poorly trained at drug recognition evaluation. And the “signs and symptoms” associated with marijuana intoxication often stem from other causes. For example, bloodshot eyes may result from lack of sleep. Lack of coordination is typical in a high-stress situation, as when a person is forced to perform field sobriety tests following a DUI traffic stop.
