Marijuana and Determination of DUI
One argument that continually comes to the head when people are discussing marijuana legalization is “what about driving after smoking?” After all, driving under the influence is still an offense and not a typically recommended activity.
However, issuing someone a DUI due from marijuana use can be a difficult task for the police. The main problem lies in the fact that there isn’t a clear way to test for intoxication on site. Unlike alcohol, there is not a magic number, like a .08 BAC, that signals you’ve enjoyed too much marijuana before driving.
This problem is only compounded by the fact that marijuana can stay in your system for up to 30 days, so a even an on-site drug test could give police officers incorrect information about the levels of cannabis in your system.
Oregon uses Drug Recognition Experts or Drug Recognition Evaluators (DREs) to evaluate whether a given driver or test subject is under the influence of drugs. According to the Drug Symptom Matrix (or chart) relied upon by DREs, “general indicators” of marijuana/cannabis use include:
Very red eyes,
Odor of marijuana,
Body tremors,
Eyelid tremors,
Relaxed inhibitions,
Increased appetite,
Impaired perception of time and distance,
Possible paranoia, and
Disorientation.
The duration of effects will be assumed to be 2-3 hours.
