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How can cops give you DUI for driving and smoking weed?

Discussion in 'Marijuana Consumption Q&A' started by Kineshi, Jan 26, 2015.

  1. Is there a test for weed the cops use like the breathalyzers?

     
  2. How they deal with it depends on the state, but in Washington for instance they'll have a "drug recognition expert" do basically a field sobriety test. If you're found to be impaired, they'll do a blood test to see if you test over the threshold for pot (5 parts per billion of THC). 
     
  3. Bullshit zero tolerance laws. That's how. 
     
  4. It seems like I've heard where maybe they're trying to develop something.  But barring a breathalyzer type thing, a field sobriety test still works.  Then if you fail that they'll probably want you to consent to having some blood drawn.  
     
  5. I heard they started doing roadside urine tests


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  6. In here they give you a saliva swab test if you pass the breathalyzer but seem not-that-sober, which tends to be inaccurate and I've heard it may even show false positives. 
     
  7. Can you not consent?
     
  8.  
    Is it different from the standard urine test?  Because those wouldn't show if you were intoxicated, just whether or not you've smoked weed in the past few weeks.  
     
  9. Can you say no to the blood test?
     
  10.  
     
    Refusing a blood test has the same consequences as refusing a breathlyzer. You'll lose your license for a year or two and they'll use your refusal as evidence against you in court. 
     
  11. Can you still win the case though if you refuse?
     
  12. #12 *guest, Jan 26, 2015
    Last edited: Jan 26, 2015
     
     
    I'm not sure. 
     
    Looks like only some jurisdictions allow using blood test refusal as evidence, but either way it's still your word against the police officers. And the license suspension will happen anyway. 
     
     
    edit: also some states can actually get a warrant for a blood test, where refusal will result in contempt charges and/or them drawing your blood by force. 
     
  13. Anyone from Jersey want to chime in?
     
  14.  
     
    New Jersey's implied consent law doesn't apply to drugs right now so if you're charged with driving under the influence of marijuana, you can refuse a blood test without consequences. You can still be tried in court though so you'd probably want a decent lawyer. :p 
     

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