Medicinal marijuana is legal in the state of New York, and according to the Daily News, the drug’s recreational use may be decriminalized in 2017. State legislators proposed two bills earlier this year aimed at regulating, controlling, and taxing the possession of marijuana in a manner similar to alcohol.
Regardless of whether New York state legalizes the recreational use of marijuana, it will always be illegal to drive under the influence. Police officers already receive special training to identify marijuana impairment during traffic stops; however, much of the evidence they rely on is purely subjective.
The breathalyzer devices that officers use to test a motorist’s blood alcohol concentration do not detect marijuana, so police cannot get a definitive read on a suspect’s potential marijuana use during a standard traffic stop. According to Scientific American, officers in Europe use saliva swabs to test motorists for marijuana. These swabs can yield quick results regarding the presence of THC, but they cannot identify the precise amount.
If you are facing charges for driving under the influence of drugs or alcohol, turn to Darren DeUrso, Attorney at Law. Mr. DeUrso will investigate your arrest to identify any procedural errors to use in your defense. Call 914-772-8614 to schedule a consultation with a DUI lawyer in White Plains.
Is There a Legal Limit of Impairment for Driving Under the Influence of Marijuana?
In New York, you can expect to face charges for driving while intoxicated if your BAC is 0.08 or higher. For commercial drivers, the BAC limit is 0.04, and for motorists under the age of 21, it is 0.02.
When it comes to driving while ability impaired by drugs, there is essentially a zero-tolerance policy. Since marijuana is still illegal in the state of New York and there is no reasonable way to test how much might be in your system, you will face DWAI/Drugs charges if you test for any THC whatsoever. In that sense, there is no legal limit of impairment for driving under the influence of marijuana.
Can Police Test My Blood for the Presence of THC?
New York has an implied consent law, which means if you do not submit to chemical testing, you will face a driver’s license suspension. If police have probable cause to believe that you are driving under the influence of marijuana, they may arrest you for DUI and then administer a blood test back at the station.
Unfortunately, blood tests are not necessarily an accurate indicator of an individual’s current state of inebriation. According to NPR, people who smoke marijuana on a consistent basis can accumulate a constant, moderate level of THC in their blood, even when they are not actively high.
If you are facing DWAI/Drugs charges but you believe the chemical test did not provide an accurate reading, turn to Darren DeUrso, Attorney at Law. Call 914-772-8614 to schedule a consultation with a White Plains DWI attorney. You can learn more about fighting DUI charges in New York by visiting usattorneys.com/dui-lawyers/new-york.