Shocking Flaws in DUI Law: AAA Study Finds

In Tennessee, you can be charged with a DUI if you are found to be driving a vehicle while under the influence of drugs or alcohol. This means that you can be charged with a DUI for driving under the influence of marijuana. In Tennessee, drivers are subject to the state’s implied consent laws. This means that if you drive in Tennessee, you’ve essentially consented to submitting to blood or chemical tests if an officer has reason to suspect you’ve been using drugs and driving. According to NORML, refusing to consent to a test can be used against you in court. Additionally, drivers who refuse to submit to a test face automatic license suspensions. Furthermore, if you’re being asked to submit to a chemical test, you have no right to speak to a Memphis DUI attorney like Sam Muldavin before taking the test.

In Tennessee, sobriety checkpoints are legal. While drivers can make a U-Turn before a checkpoint, as long as the maneuver is legal, officers can still justify making a stop if the person is seen as “conspicuously avoiding the checkpoint.”

Yet, if you’ve been stopped and are asked to submit to chemical testing for marijuana use, are the state’s tests reliable? According to a recent study, some tests to determine impairment of marijuana are not supported scientifically. PBS reported that AAA found that it is impossible to set a blood limit for THC. Despite this, some states set legal THC limits, ignoring the fact that these limits have no scientific basis, according to the research.

It is much harder to correlate THC blood test results with impairment. In fact, THC can stay in the blood much longer than alcohol, making the tests less reliable. There aren’t many clear solutions for regulating marijuana DUIs. Instead, opponents of using THC testing claim that officers should be tested to visually identify and test drivers who may be under the influence. As it stands, there simply is no reliable chemical test to determine whether someone should be accused of a marijuana DUI. It comes down to an officer’s observations and a driver’s actions behind the wheel.

In states where marijuana use is legal, the push has been to create DUI laws that align with drunk driving penalties and legal limits. Yet, according to AAA, these kinds of “limit laws” have no scientific basis. While they make it easier to prosecute, they create a situation where a perfectly sober person can end up being thrown in jail.

Even in states where the laws are not in place, a high THC level may be used to prosecute a person for a DUI. The reality is that a high THC level doesn’t automatically mean that a person is directly impaired. Regular marijuana users may build up high levels in their blood, but may not be actively under the influence, while occasional users may have low levels, but be inebriated.

If you’re facing DUI charges based on THC levels in your blood, it is important to get the help of DUI attorney. An attorney can use up-to-date scientific evidence, in concert with other facts, to defend your rights in court. The Muldavin Law Firm, P.L.C. handles a range of DUI cases, and may be able to assist you.