Detecting marijuana use in drivers is not as easy as detecting alcohol and because of that police use a combination of observations, tests, and tools to determine if a driver is impaired by marijuana.
How Do Police Test for Marijuana DWI?
When police stop a driver suspected of marijuana use, these are the methods they use:
- Observation:
Officers look for signs such as red eyes, slowed responses, the smell of marijuana, or unusual behavior. - Field Sobriety Tests:
These tests measure balance, coordination, and attention. Common tests include:- Horizontal Gaze Nystagmus (HGN): Checking for unusual eye movement.
- Walk-and-Turn: Walking in a straight line and turning.
- One-Leg Stand
However, according to studies field sobriety tests are not always reliable for detecting cannabis impairment in DUI cases.
Tests for THC Level
If police suspect marijuana use, they may request blood tests. They detect THC, the active chemical in marijuana. They measure the level of THC to determine recent use. However, THC stays in the blood longer than its impairing effects, making results harder to interpret.
Saliva tests are also used in some areas but are not common in League City, Houston or Galveston.
THC metabolites which remain in the body after the effects of cannabis wear off can be detected by urine tests. However, these tests are not very reliable for proving current impairment and are rarely used in DUI cases.
Overall, just because THC is detected in a drug test doesn’t mean the person was impaired while driving. This makes it difficult for police to prove if someone was actually under the influence of marijuana at the time they were stopped. A DWI lawyer can help you better understand the limitations of these methods.
Can a Breathalyzer Detect Marijuana?
Police breathalyzers can only detect alcohol and not marijuana. While companies are developing new devices to measure THC in breath, these aren’t commonly used yet. Currently, police must use other methods to determine if someone has used marijuana.
Is the Smell of Weed Probable Cause in Texas?
If police smell marijuana coming from your car in League City, Houston or Galveston, they typically have the right to search your vehicle. However, this issue has become more complex since Texas legalized hemp and it smells exactly like marijuana, so the odor alone might not be enough reason for a search.
Because of this, courts are starting to require police to have more evidence beyond just the smell before searching a vehicle. While the smell of cannabis can still be one reason for a search, officers usually need additional evidence to legally justify searching your car without a warrant.
Do Police Use Special Tools to Detect Marijuana?
Texas police don’t use special equipment to detect marijuana smell – they use their own training and experience to identify it. If an officer thinks you’re driving under the influence of marijuana, they may ask you to perform field sobriety tests.
You have the right to say no to these tests, but there are consequences. Refusing can lead to:
- Arrest
- Suspension of driver’s license
If you are arrested, police may get a warrant to take a blood sample. While these blood tests can show if THC is present, they can’t prove how impaired you were while driving.
Keep in mind: Under Texas law, if you refuse a blood test after being arrested, your driver’s license can be suspended for 180 days.
Penalties for Marijuana DWI in Texas
Driving while impaired by marijuana carries the same penalties as alcohol-related DWI in Texas. These penalties can include fines, jail time, and license suspension. The severity depends on the circumstances and any prior DUI offenses.
- First Offense:
- A fine of up to $2,000.
- Jail time ranging from 3 days to 180 days.
- A license suspension of up to 1 year.
- Second Offense:
- A fine of up to $4,000.
- Jail time ranging from 1 month to 1 year.
- A license suspension of up to 2 years.
- Third Offense:
- A fine of up to $10,000.
- 2 to 10 years in state prison.
- A license suspension of up to 2 years.
Other penalties may include mandatory drug education classes, probation, or installation of an ignition interlock device. Convictions can also lead to increased car insurance rates and a permanent criminal record.
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Don’t let a DUI charge impact your future more than it has to. The experienced DWI lawyers at the Law Offices of Tad Nelson & Associates are ready to review your case at no cost – call us today to learn how we can help.
