What the Law Says About DUI Marijuana
Even with the passage of Prop 215 and the subsequent Senate Bills, driving under the influence of MJ remains a real concern for many patients. In California, CVC 23152(a) deals with driving under the influence of drugs. It states that it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
Legal Issue of a DUI Marijuana
The Legal issue becomes were you driving under the influence at the time of the stop? In order for the prosecution to prove their case they must have drawn blood from you after the arrest. The first blood analysis done will be what is known as a "qualitative analysis". All this means is that your blood was tested and it show a "presence" of Marijuana.
However, the mere presence on a "qualitative analysis" does not PROVE their case. The next deeper level of testing is what is called a "quantitative analysis." Again, all this means is that the toxicologist is putting a numercial value to THC found in your blood. This is usually done in a ng/ml of blood quantification.
Looking a Little Deeper
What we do is look a level deeper. We request a copy of the Gas Chromatogram which is a graph readout of the testing done to analyze for the presence of THC. With this information we can then have our experts review the work that the toxicologist performed and look for errors.
Delta -9 Tetraydrocannabinol or commonly known as THC is the active ingredient in Marijuana, this is the psychoactive ingredient in Marijuana.
Marijuana causes red or watery eyes. Red or watery eyes has nothing to do with being under the influence of Marijuana. The National Highway Traffic Safety Administration (NHTSA) produces a Drug Recognition Expert (DRE) Manual. The manual states that Marijuana use can cause a redding of the conjuctiva, it does not state red and watery eyes. Red and watery eyes are a sympton associated with alcohol use.