Oklahoma's Oldest DUI Defense Firm

Attorneys Stephen G. Fabian Jr. and Brian P. Young

A test could detect cannabis use by drivers

On Behalf of | Apr 17, 2020 | DUI - Drunk Driving |

It is relatively easy for Oklahoma police officers to determine that a driver is drunk and make an arrest on the spot. However, it is not as simple when it comes to marijuana. Other than a blood test which does not give immediate results and is difficult to administer, officers are not able to conclusively show at the scene that a driver is under the influence of cannabis.

With that in mind, there is work being done on a test that officers could give when they make a trafferic stop. This test would use the driver’s saliva to make the determination. However, even if this test is developed and produced, there still are legal issues involved with these traffic stops. Laws do not necessarily prescribe how much cannabis may be in the blood before the driver is considered impaired. This makes the officer’s observations at the scene of the stop even more important.

These issues are becoming more important as more people than ever are using cannabis-based products. Even if Oklahoma has not legalized marijuana, there is still a growing number of drivers who will get behind the wheel after they have used it. This can lead to slower reaction times when drivers are under the influence and to a greater likelihood of an accident.

Those who have been arrested for driving under the influence of cannabis can face strict penalties that could include jail time. It will certainly impact their ability to maintain their driver’s license. DUI attorneys could be helpful in counseling their client as they seek a plea deal in the hopes of a lighter sentence. They might also help fight the charges if the deal offered is not right for the client’s situation.