Driving under the influence of alcohol is one of the most dangerous things you can do, and forensic evidence makes it easy to tell whether alcohol was a factor in a driver’s mistake that led to a traffic collision. Portable breath tests that police officers use during traffic stops and after car accidents to determine whether a driver is too drunk to drive can accurately measure a driver’s blood alcohol content (BAC). Anything above 0.08% BAC is considered drunk driving, and it can cause the driver to face criminal charges, whether or not he or she caused an accident. Driving under the influence of cannabis is also plenty dangerous, but as laws about when it is and is not legal to possess or use cannabis have gotten more detailed, laws about cannabis and driving have not. It is illegal to drive under the influence of cannabis, but how can you measure whether a driver is under the influence? Scientists are working on ways to develop a field test that measures a driver’s current level of cannabis intoxication, but they are still a long way from producing a device that provides useful information about a driver’s cannabis intoxication the way that alcohol breath tests measure BAC. If you have been injured in a car accident where cannabis plays a role, contact a Houma car accident lawyer.
Cannabis Breath Tests Exist, but They are Not Effective at Determining Whether Drivers are Currently Under the Influence
The body eliminates alcohol metabolites almost as quickly as the effects of alcohol wear off. If you get drunk at a party on Saturday night, by the time you get to work on Monday morning, you will be back to your normal self; your boss will be none the wiser about your weekend exploits, and no blood test can give your secret away. Cannabis is a different story. Remnants of it stick around in various tissues of the body. Therefore, if your boss orders a drug test at work, a sample of your urine or hair can reveal that you smoked a joint weeks ago.
Tests have existed for years that can detect cannabis metabolites in breath samples. Some states, especially those that have decriminalized recreational cannabis or have medical cannabis programs with robust enrollment, want to implement ways to detect and prevent driving under the influence of cannabis. The current breath tests cannot tell the difference between someone who smoked the first joint of his life just before getting behind the wheel and a lifelong stoner who hasn’t smoked since last weekend since he only smokes on his days off from work. In a personal injury lawsuit, “The defendant is a pothead” sounds more like a personal attack and less like compelling evidence of the driver’s negligence. Your lawyer will help you find better evidence.
Contact the Law Office of Patrick H. Yancey About Car Accident Cases
A car accident lawyer can help you if you have been injured in a car accident where cannabis played a role. Contact the Law Office of Patrick H. Yancey in Houma, Louisiana, to set up a consultation about your case.
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