Are Legal Limits for Pot Usage While Driving Arbitrary?

Every state has a method to determine whether a driver was operating a vehicle under the influence of alcohol. However, many states and their law enforcement officers find it extremely difficult to determine whether a driver who was smoking marijuana was actually high while driving.

To remedy this problem, some states have enacted laws, which specify the amount of tetrahydrocannabinol, commonly referred to as THC, that a motorist can have in their body based a blood test. Although this will determine the exact amount of a person’s THC levels, it does not accurately measure whether or not the person was actually impaired as a result. For this reason, many motorists may be wrongfully charged.

Why Can’t THC Level Readings Determine Whether a Person is Impaired?

Undoubtedly, THC can affect a person’s mind and thus their driving abilities as well. However, unlike blood alcohol concentration, drivers who smoke or use pot do not become impaired at specific levels. This means that a person with a low amount of THC in their system may not be safe to drive, while a person with a high level of THC in their body may not be impaired at all. As a result, the AAA Foundation states that it is difficult for states to create consistent and fair laws.

Is Pot-Use Causing Car Accidents?

According to Washington state statistics from 2014, one in six drivers involved in deadly car accidents used pot. In an article published by StarTribune, the president and CEO of the AAA Foundation commented, “The significant increase in fatal crashes involving marijuana is alarming […] Washington serves as an eye-opening case study for what other states may experience with road safety after legalizing the drug.” In an effort to prevent pot-related car accidents from occurring, lawmakers and law enforcement officers are working diligently to establish methods, which can help officers identify driver impairment.

Arrested for Driving While High? Call Our Team.

If you were arrested for driving under the influence of marijuana, it is crucial you seek experienced legal representation right away. Because Nevada enforces a per se law, meaning that no evidence of impairment or intoxication needs to be demonstrated for the purpose of a DUI case, any driver with a BAC of .08 or higher can be arrested for DUI. Unfortunately, this can leave accused drivers at risk for serious consequences and heavy fines.

At Joey Gilbert Law, our Reno DUI defense lawyers have the knowledge and skills it takes to fight for your rights and future. When you contact our firm, we will listen to the details of your case and deploy only top-tier legal strategies to help you obtain positive results. When you need aggressive and serious legal defense in your corner, get in touch with our team. We will stand by your side from beginning to end.

Discuss your case today with a Reno DUI defense attorney or fill out a free case evaluation form online. We are available at all hours of the day and night!


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