Indianapolis Criminal Law: Marijuana Breathalyzer

02 Nov Indianapolis Criminal Law: Marijuana Breathalyzer

Is a Marijuana Breathalyzer on the Horizon? 

Everyone knows about breathalyzer tests for alcohol. A driver gets pulled over, the officer suspects them of being drunk, and before they know it they are blowing into a breath test machine.

But what about testing for marijuana? With more and more states legalizing medical marijuana and recreational marijuana, there is also a push to find new ways to detect impaired drivers.

One company in California thinks it may be close to getting a marijuana breathalyzer on the market.

https://www.npr.org/2018/08/04/634992695/the-pot-breathalyzer-is-here-maybe

Can a Marijuana Breathalyzer Detect Impaired Driving? 

Even if a company can develop and market a marijuana breathalyzer, that does not mean the device can necessarily detect impaired driving. There is still debate in the scientific community as to what levels of THC in someone’s system can cause impairment. It often depends on how often a person uses marijuana, how it is ingested, their weight, height, etc. The list could go on. There really is no one-size-fits-all.

If an officer believes someone is impaired, a device may be able to detect if the person has marijuana metabolites in their system, but officer observations, statements made at the scene and other evidence would still be needed to prove beyond a reasonable doubt that the person is impaired.

Indiana Prohibits Driving with ANY Marijuana in Your Body

Indiana law states that driving a vehicle with marijuana in your system is a Class C Misdemeanor. There is no requirement that a person be shown to be impaired. So, even if a person smoked marijuana a week prior, if it is discovered that they have marijuana or THC in their system, they can be charged with a crime. See our prior article on Operating with Marijuana in Your Body for more information.

Indianapolis Criminal Defense Lawyer

At Chambers Law Office, we represent clients throughout central Indiana who have been accused of marijuana offenses and driving while intoxicated offenses. Julie Chambers is a former deputy prosecutor who has handled everything from traffic tickets to misdemeanors and felonies to criminal expungement petitions. She takes pride in providing personal service to her clients, making sure they understand each step of the process and working to obtain the best possible result in every case.

If you have questions about a criminal matter or if you have been charged with Operating While Intoxicated or operating with marijuana in your system, contact Chambers Law Office today at 317-450-2971.