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Posted: 11/3/2009 10:06:26 AM EST
With marijuana dispensaries popping up all over the nation (at least in states that have medical mairjuana), I was curious as to how an officer could cite someone for driving under the influence.

Let's look at a hypothetical situation:

Bob is a marijuana user. However, instead of smoking marijuana today, he chose to eat it in an edible form (brownies, candies, etc). Bob decides to go drive to Taco Bell for some relief from the munchies. On his way there, Officer Smith pulls him over for erratic driving. Smith suspects Bob is high as a kite, but he cannot smell and/or find any marijuana on him. Bob refuses to admit he was using marijuana and instead says he is simply exhausted from working over night.

How does officer Smith cite Bob? Even with a blood test (which I assume would require a court order), wouldn't cannabinoids be present in the body regardless of when he used it?
Link Posted: 11/3/2009 10:08:09 AM EST
ATTORNEY NOW!!!!!

Link Posted: 11/3/2009 10:08:40 AM EST
I am so in on this.
Link Posted: 11/3/2009 10:09:11 AM EST
Originally Posted By millfire517:
ATTORNEY NOW!!!!!



Hah! I'm not a medical marijuana user. I'm just curious as to how these people actually get caught as opposed to drunks who will blow their BAC.

Link Posted: 11/3/2009 10:10:28 AM EST
Originally Posted By DRhodes:
I am so in on this.


Is this that controversial of a question?

BTW, you can get medical marijuana in your state.
Link Posted: 11/3/2009 10:10:40 AM EST

Originally Posted By poink:
Originally Posted By millfire517:
ATTORNEY NOW!!!!!



Hah! I'm not a medical marijuana user. I'm just curious as to how these people actually get caught as opposed to drunks who will blow their BAC.


What about recreational?
Link Posted: 11/3/2009 10:11:13 AM EST
[Last Edit: 11/3/2009 10:13:05 AM EST by jhud]
Well, you just go downtown and blow the machine and it says something like .0000 BAC.
You go free.

Dont ask me how I know this.

Link Posted: 11/3/2009 10:11:52 AM EST
DRE Certification.
Link Posted: 11/3/2009 10:12:26 AM EST

Originally Posted By jhud:
Well, you just go downtown and blow the machine and it says something like .0000 BAC.
You go free.

Dont ask me how I know this.

Who do we ask how you know this?


Link Posted: 11/3/2009 10:12:59 AM EST
[Last Edit: 11/3/2009 10:13:15 AM EST by Khemist]
You don't drive erratic while stoned. Just really, really sloooowww....
Link Posted: 11/3/2009 10:13:26 AM EST
Well, first they do a field sobriety test. They wave an Oreo from side to side in front of your eyes and tell you to ignore it. If you can't, and you slobber or make a grab for it, they pronounce you stoned and haul you off.

Also, you get cited for driving overly cautious and 13 miles below the speed limit, and sitting too close to the steering wheel.

Pot, it's a killer.
Link Posted: 11/3/2009 10:14:13 AM EST
Originally Posted By poink:


How does officer Smith cite Bob? Even with a blood test (which I assume would require a court order), wouldn't cannabinoids be present in the body regardless of when he used it?


Depending on what state you are in you probably already agreed to the blood test when you got your drivers license.
Link Posted: 11/3/2009 10:14:15 AM EST
OP just came up with the main logic based reason not to legalize weed
Link Posted: 11/3/2009 10:16:11 AM EST
Originally Posted By Renegade13B:
OP just came up with the main logic based reason not to legalize weed


Bah...some legally prescribed, sustained release medications can make you test positive for opiates, benzodiazepines, and amphetamines....and all of them could impair your driving.
Link Posted: 11/3/2009 10:21:18 AM EST
I know this place is crawling with cops...surely one of them has an answer.
Link Posted: 11/3/2009 10:27:10 AM EST
Originally Posted By poink:
I know this place is crawling with cops...surely one of them has an answer.


They will be here soon ....they all got the Munchies

Link Posted: 11/3/2009 10:28:07 AM EST
Originally Posted By Shovels:
Originally Posted By poink:
I know this place is crawling with cops...surely one of them has an answer.


They will be here soon ....they all got the Munchies



Donuts. Its whats for meal.
Link Posted: 11/3/2009 10:29:36 AM EST
Originally Posted By poink:
Originally Posted By millfire517:
ATTORNEY NOW!!!!!



Hah! I'm not a medical marijuana user. I'm just curious as to how these people actually get caught as opposed to drunks who will blow their BAC.



This is one way I guess, get so high that you cause an accident. This was my grandfather's car after he and my grandmother were hit head on. He lived another 2 years but was never the same, he eventually passed away from his injuries. This asshole that hit my grandfather was high on pot, and an all around low life.

Link Posted: 11/3/2009 10:32:29 AM EST
Wisconsin State Statute:
346.63(1)
(1) No person may drive or operate a motor vehicle while:
346.63(1)(am)
(am) The person has a detectable amount of a restricted controlled substance in his or her blood.


Field sobriety is performed, if it's failed the person is arrested and taken to the hospital to have a blood draw.
Link Posted: 11/3/2009 10:33:36 AM EST
Originally Posted By rcoers:
Originally Posted By poink:
Originally Posted By millfire517:
ATTORNEY NOW!!!!!



Hah! I'm not a medical marijuana user. I'm just curious as to how these people actually get caught as opposed to drunks who will blow their BAC.



This is one way I guess, get so high that you cause an accident. This was my grandfather's car after he and my grandmother were hit head on. He lived another 2 years but was never the same, he eventually passed away from his injuries. This asshole that hit my grandfather was high on pot, and an all around low life.

http://img17.imageshack.us/img17/9031/102304wreck2.jpg


My condolences.

But would it have been better if the person who had hit your grandparents was only sleepy or using prescription medicine when he hit them?
Link Posted: 11/3/2009 10:34:45 AM EST
Originally Posted By Pita_146:
Wisconsin State Statute:
346.63(1)
(1) No person may drive or operate a motor vehicle while:
346.63(1)(am)
(am) The person has a detectable amount of a restricted controlled substance in his or her blood.


Field sobriety is performed, if it's failed the person is arrested and taken to the hospital to have a blood draw.


Can't they refuse a blood draw like they can refuse a breathalyzer?

What if they are a hemophiliac?
Link Posted: 11/3/2009 10:37:40 AM EST
Originally Posted By poink:
Originally Posted By rcoers:
Originally Posted By poink:
Originally Posted By millfire517:
ATTORNEY NOW!!!!!



Hah! I'm not a medical marijuana user. I'm just curious as to how these people actually get caught as opposed to drunks who will blow their BAC.



This is one way I guess, get so high that you cause an accident. This was my grandfather's car after he and my grandmother were hit head on. He lived another 2 years but was never the same, he eventually passed away from his injuries. This asshole that hit my grandfather was high on pot, and an all around low life.

http://img17.imageshack.us/img17/9031/102304wreck2.jpg


My condolences.

But would it have been better if the person who had hit your grandparents was only sleepy or using prescription medicine when he hit them?


Nope not better at all, he was all around low life and no business being on the road. Driving a vehicle that wasn't his, neither the vehicle or he had insurance. Plus he had a suspended license. I don't blame pot, I blame him.

Link Posted: 11/3/2009 10:38:08 AM EST
Originally Posted By poink:
Originally Posted By rcoers:
Originally Posted By poink:
Originally Posted By millfire517:
ATTORNEY NOW!!!!!



Hah! I'm not a medical marijuana user. I'm just curious as to how these people actually get caught as opposed to drunks who will blow their BAC.



This is one way I guess, get so high that you cause an accident. This was my grandfather's car after he and my grandmother were hit head on. He lived another 2 years but was never the same, he eventually passed away from his injuries. This asshole that hit my grandfather was high on pot, and an all around low life.

http://img17.imageshack.us/img17/9031/102304wreck2.jpg


My condolences.

But would it have been better if the person who had hit your grandparents was only sleepy or using prescription medicine when he hit them?


Both of which you can be charged with.
Link Posted: 11/3/2009 10:40:33 AM EST
The current pee and blood tests can only tell whether you've partaken within a time frame averaging about the last 30 days.

When they come up with a test (that works and is reliable) for 'being under the influence' or DUI Cannabinoids, I predict that it won't be long before you'll see marijuana legalized, sold and taxed much the same as liquor is now - with the same penalties for being under the influence while behind the wheel.

Link Posted: 11/3/2009 10:43:22 AM EST
Originally Posted By Khemist:
You don't drive erratic while stoned. Just really, really sloooowww....



this.
Link Posted: 11/3/2009 11:12:09 AM EST

Originally Posted By poink:
Originally Posted By Pita_146:
Wisconsin State Statute:
346.63(1)
(1) No person may drive or operate a motor vehicle while:
346.63(1)(am)
(am) The person has a detectable amount of a restricted controlled substance in his or her blood.


Field sobriety is performed, if it's failed the person is arrested and taken to the hospital to have a blood draw.


Can't they refuse a blood draw like they can refuse a breathalyzer?

What if they are a hemophiliac?
Sure, they can. But the fact that they refused testing will be used against them in court.

Oh, and they catch a second charge for refusing testing, and if it's 2nd offense or greater we force the blood.


If their hemophiliac? Don't know, never really encountered that before.

Link Posted: 11/3/2009 11:16:02 AM EST
[Last Edit: 11/3/2009 11:17:56 AM EST by Wheelie]
Originally Posted By poink:
Originally Posted By rcoers:
Originally Posted By poink:
Originally Posted By millfire517:
ATTORNEY NOW!!!!!



Hah! I'm not a medical marijuana user. I'm just curious as to how these people actually get caught as opposed to drunks who will blow their BAC.



This is one way I guess, get so high that you cause an accident. This was my grandfather's car after he and my grandmother were hit head on. He lived another 2 years but was never the same, he eventually passed away from his injuries. This asshole that hit my grandfather was high on pot, and an all around low life.

http://img17.imageshack.us/img17/9031/102304wreck2.jpg


My condolences.

But would it have been better if the person who had hit your grandparents was only sleepy or using prescription medicine when he hit them?


Or try this....High as hell on legally prescribed antidepressants because they havent slept in 3 days?
Link Posted: 11/3/2009 11:47:09 AM EST
The charge in TX is DWI.

From the TX penal code:
Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

DWI isnt just an alcohol offense. You can be charged with DWI if you fail the sobriety test no matter what substance you might be on at the time. That includes alcohol, marijuana, any prescription drugs that alter your ability to drive, etc.
Link Posted: 11/3/2009 11:50:14 AM EST

Originally Posted By ThatGuy91K:
Originally Posted By poink:
Originally Posted By rcoers:

My condolences.

But would it have been better if the person who had hit your grandparents was only sleepy or using prescription medicine when he hit them?


Both of which you can be charged with.

You can be charged for driving while sleepy?


Link Posted: 11/3/2009 11:53:02 AM EST
Im not a cop, but I would imagine that if a person was driving in a manner that presented a hazard to other drivers / citizens it doesnt matter if the person is drunk, high, or stone cold sober. I would think that a person operating a vehicle in a dangerous manner can be restrained from doing so through other laws which have nothing to do with controlled substances.

Again, Im not a cop, but I find it hard to beleive that if I went out and drove in a hazardous manner that the police couldnt cite a law in their book which would allow them to impound the vehicle or at least pull my license and have me appear before a judge to get it back.
Link Posted: 11/3/2009 12:05:55 PM EST
Urine test in Florida in the case of drugs. You still get cited for the offeses leading up to the DUI. If you blow .000 on the intoxilyzer and are still obviously impaired you take a pee test.

316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.––

(1)(a)1.a. <snip>


b. Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to a urine test for the purpose of detecting the presence of chemical substances as set forth in s. 877.111 or controlled substances if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of chemical substances or controlled substances. The urine test must be incidental to a lawful arrest and administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of a motor vehicle within this state while under the influence of chemical substances or controlled substances. <snip>
Link Posted: 11/3/2009 12:10:09 PM EST
Absolutely. Fatigued driving is a major cause of car accidents. In TX I believe it's illegal to drive if you are impaired (regardless of how much rest you've had) or haven't slept in a certain time period (>12hrs or so).

Falling asleep at the wheel is as big or bigger risk to public safety as driving stoned.
Link Posted: 11/3/2009 12:10:16 PM EST
[Last Edit: 11/3/2009 12:10:51 PM EST by Dave_A]

Originally Posted By poink:
Originally Posted By rcoers:
Originally Posted By poink:
Originally Posted By millfire517:
ATTORNEY NOW!!!!!



Hah! I'm not a medical marijuana user. I'm just curious as to how these people actually get caught as opposed to drunks who will blow their BAC.



This is one way I guess, get so high that you cause an accident. This was my grandfather's car after he and my grandmother were hit head on. He lived another 2 years but was never the same, he eventually passed away from his injuries. This asshole that hit my grandfather was high on pot, and an all around low life.

http://img17.imageshack.us/img17/9031/102304wreck2.jpg


My condolences.

But would it have been better if the person who had hit your grandparents was only sleepy or using prescription medicine when he hit them?

Driving high, driving drunk, and driving under the influence of perscription meds are all EQUALLY illegal...

The police have training programs to recognize non-alchohol-related drug impairment....

Then it's a phone call, and a cup for you to pee in, or a blood draw....
Link Posted: 11/3/2009 12:12:04 PM EST
[Last Edit: 11/3/2009 12:13:23 PM EST by Dave_A]

Originally Posted By Wheelie:
Originally Posted By poink:
Originally Posted By rcoers:
Originally Posted By poink:
Originally Posted By millfire517:
ATTORNEY NOW!!!!!



Hah! I'm not a medical marijuana user. I'm just curious as to how these people actually get caught as opposed to drunks who will blow their BAC.



This is one way I guess, get so high that you cause an accident. This was my grandfather's car after he and my grandmother were hit head on. He lived another 2 years but was never the same, he eventually passed away from his injuries. This asshole that hit my grandfather was high on pot, and an all around low life.

http://img17.imageshack.us/img17/9031/102304wreck2.jpg


My condolences.

But would it have been better if the person who had hit your grandparents was only sleepy or using prescription medicine when he hit them?


Or try this....High as hell on legally prescribed antidepressants because they havent slept in 3 days?

Still OWI/DWI.

Spending the tail-end of my active duty career around folks who were legally flying high on all manner of perscription drugs, this was stressed to all of us (on meds or not) constantly...

Drugged Driving is the same as Drunk Driving - no matter the legality of the drugs....
Link Posted: 11/3/2009 12:24:30 PM EST
Originally Posted By BiteDog:
DRE Certification.


NOPE,,, if he's failing FST's and you don't smell alcohol.. suspect something else,, offer him blood or urine.. easy..
Link Posted: 11/3/2009 12:27:30 PM EST
Originally Posted By poink:
Originally Posted By Pita_146:
Wisconsin State Statute:
346.63(1)
(1) No person may drive or operate a motor vehicle while:
346.63(1)(am)
(am) The person has a detectable amount of a restricted controlled substance in his or her blood.


Field sobriety is performed, if it's failed the person is arrested and taken to the hospital to have a blood draw.


Can't they refuse a blood draw like they can refuse a breathalyzer?

What if they are a hemophiliac?


sure they can refuse.. then they automaticly loose DL for a year. and based on FST observations, you get charged and get a DUI anyway.
Link Posted: 11/3/2009 12:30:17 PM EST
Originally Posted By peekay:

Originally Posted By ThatGuy91K:
Originally Posted By poink:
Originally Posted By rcoers:

My condolences.

But would it have been better if the person who had hit your grandparents was only sleepy or using prescription medicine when he hit them?


Both of which you can be charged with.

You can be charged for driving while sleepy?





"Innatentive Driving" 169.14 in MN
Link Posted: 11/3/2009 12:30:34 PM EST
It would depend on the state. I believe California does not have an admissable blood test for cannabanoid-impaired driving.

However, there is a section of the Vehicle Code that generically refers to driving while "impaired". That can apply to someone who is sleep-deprived or affected by prescription medication. I'm sure that someone driving while visibly stoned could be charged with that.
Link Posted: 11/3/2009 12:38:10 PM EST
Here's they way it's usually done for impaired driving:

Link Posted: 11/3/2009 12:41:23 PM EST
With pen and a ticket book?
Link Posted: 11/3/2009 12:44:33 PM EST
I believe there isn't a current field test for marijuana intoxication. Sure there are urine and blood test, but they only detect if it has been in your system the past few days-weeks, not immediately now.
Link Posted: 11/3/2009 12:45:06 PM EST
[Last Edit: 11/3/2009 12:49:35 PM EST by TheJammer]
Double tap.

http://www.youtube.com/watch?v=t3zou4F00Ic
Link Posted: 11/3/2009 12:49:20 PM EST
[Last Edit: 11/3/2009 12:53:17 PM EST by jbombelli]
They probably just talk them into admitting it, and then write it up.
Link Posted: 11/3/2009 12:53:35 PM EST
Its called a DUI (Driving Under the Influance) in Albuquerque and would result in you taking a trip to jail just like a DWI.
Link Posted: 11/3/2009 12:56:41 PM EST
Originally Posted By swingset:
Well, first they do a field sobriety test. They wave an Oreo from side to side in front of your eyes and tell you to ignore it. If you can't, and you slobber or make a grab for it, they pronounce you stoned and haul you off.

Also, you get cited for driving overly cautious and 13 miles below the speed limit, and sitting too close to the steering wheel.

Pot, it's a killer.


They'd arrest a lot of really old people
Link Posted: 11/3/2009 12:58:12 PM EST
I see marijuana use as a respectable form of civil disobedience.
Link Posted: 11/3/2009 12:59:17 PM EST
Originally Posted By SISUltra:
Its called a DUI (Driving Under the Influance) in Albuquerque and would result in you taking a trip to jail just like a DWI.




In Alaska, a DUI is what you get for driving under the influence.

DWI means Drinking with Indians. (many of whom were some of the finast people I have ever shared a bottle with.)

Link Posted: 11/3/2009 1:02:01 PM EST
Originally Posted By swingset:
Well, first they do a field sobriety test. They wave an Oreo from side to side in front of your eyes and tell you to ignore it. If you can't, and you slobber or make a grab for it, they pronounce you stoned and haul you off.

Also, you get cited for driving overly cautious and 13 miles below the speed limit, and sitting too close to the steering wheel.

Pot, it's a killer.


That made me LOL



Link Posted: 11/3/2009 1:04:34 PM EST
Can anyone recite the alphabet backwards sober?

I would ask for a demonstration so I could get them on film too.
Link Posted: 11/3/2009 1:16:53 PM EST
You can be charged with driving under the influence of prescription medication and marijuana should be no different.

RF
Link Posted: 11/3/2009 1:34:14 PM EST
I was always under the impression that the cops had a pupil dilation- reaction chart to measure the use of pot.

Or they just tossed a bag of doritos on the ground. If the suspect dove headfirst after it, they were stoned.
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