With the increased usage of medical marijuana and perhaps recreational legalization right around the corner, the reality is that there are more drivers on Orange County and Los Angeles roadways who have smoked pot than ever before. Law enforcement has an interest in having a simple and quick method to detect if a driver is under the influence of marijuana, and now that technology may be upon us. However, a breathalyzer for marijuana may not provide the same efficacy as does the breathalyzer used in the preliminary alcohol screening tests.
The Technology
Similarly to an alcohol breathalyzer, one for marijuana measures the suspect’s breath for the presence of THC, the psychoactive component of marijuana that can lead to intoxication. The problem is that to detect THC in a suspect’s the breath, equipment more than a million times more sensitive than a hand-held alcohol breathalyzer is required. Previously, all that was available was a liquid chromatography mass spectrometer, which is not portable. Now, technology advancements have enabled a hand held machine to measure THC below 500 picograms. One picogram is a metric unit of mass equivalent to one trillionth of a gram
Current Legal Status
Under VC 23152, it is a crime to drive under the influence of alcohol, drugs, which includes marijuana, or a combination of both. If you are pulled over and the officer suspects any sort of DUI, a breathalyzer test is likely to be given. If the results are negative or low for the presence of alcohol, it may be necessary to call in a drug recognition expert to determine if an arrest should be made. The DRE looks for signs such as:
- Dilated pupils
- Rapid heart rate
- Rapid breathing
- Slow reaction time
- Red eyes
The Issues with a Marijuana Breathalyzer
No matter how precisely the presence of THC can be measured, there is controversy and confusion regarding such matters as whether there is any direct correlation between marijuana use and driving impairment, and even to the extent some experts believe there is a connection, there is no scientific consensus as to what levels of THC create a danger.
The Future
The marijuana breathalyzer is being tested by several California police agencies in real world situations. It seems likely that there will be some future push to legislate a per se THC threshold level akin to the 0.08 for alcohol. Per se THC laws already exist in several other states. What your Orange County DUI lawyer can explain, however, is that unlike a chemical test that you are legally obligated to submit to post-arrest, a breathalyzer is a field sobriety test, which you have every right to refuse to take.
