Law Firm of Aaron Bortel

How Reliable Is The Observed Impairment Method For Determining Marijuana Use?

The observed impairment method for determining marijuana use is very unreliable and very tough to prove. We don’t have the scientific evidence or per se numbers, so observed impairment is a real long shot. If someone has been accused based on observed impairment for determining marijuana use, then they should be fighting their case.

What Type Of Testing For Marijuana Use Does Law Enforcement Rely On The Most?

The most relied upon test used by law enforcement is a blood test. It is the most reliable test that they have, although the results do not necessarily prove impairment, even if it shows the presence of marijuana.

Are There Better Chemical Testing Options For Marijuana Impairment Coming?

Science has a long way to go, and because people are affected by marijuana in different ways, there is really no way that I’m aware of that marijuana can be accurately detected to show someone’s level of impairment. Will they find a way to do that? Maybe they will.

As I said before, anyone who is being accused of impaired driving because of marijuana should seriously consider taking the case to trial. It is a lot more difficult to prove in a state where there is no per se law. In a state like Colorado that does have a per se law, it’s a lot easier for the prosecutor to prove what they call being under the influence of marijuana. Unfortunately, that’s a level that science has shown means people are very unlikely to be under the influence.

As a result, people who are not guilty are getting convictions, which can affect immigration issues, job possibilities, background checks, schooling, professional licenses and insurance. There are just so many different things that can be disrupted in one’s life when convicted of being under the influence while driving. An experienced DUI lawyer who can examine a case and look at the strengths and weaknesses of the prosecution’s case can help.

A lawyer can help determine what the defenses are and help people seriously consider going to trial when the evidence is not there. There is just too much at stake in the San Francisco Bay Area for people to not fight these cases.

For more information on Observed Impairment Method For Marijuana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

Aaron Bortel

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