Pennsylvania’s impaired driving laws cover drunk driving, but what about driving under the influence of marijuana? Unfortunately for marijuana users, state authorities accounted for that possibility. In fact, Pennsylvania’s DUI laws specify increased penalties for driving under the influence of a controlled substance like marijuana compared to lower-level drunk driving offenses.
These facts raise a natural question: How do the police catch someone driving under the influence of marijuana? More to the point, can a blood test detect marijuana? The short answer is yes, but there are crucial nuances to know if you face a Pennsylvania DUI charge for driving under the influence of marijuana.
Issues with Blood Tests in Pennsylvania Marijuana DUI Cases
Pennsylvania law prohibits drivers from operating a vehicle with any amount of a controlled substance, especially substances found in Schedule I of the state’s Controlled Substance, Drug, Device, and Cosmetic Act. Blood tests are one of the most common ways that the police catch suspected drunk drivers, and marijuana also shows up in blood tests. In Pennsylvania, blood tests often show not only active metabolites but also inactive metabolites.
Blood tests are one common tool the police use to catch suspected drunk drivers. Since marijuana also shows up on blood tests, it makes sense that the police would use this method to catch drivers under the influence of marijuana.
THC, the psychoactive ingredient in marijuana, doesn’t last long in blood. It tends to be absorbed quickly into the body’s fat tissue, where it stays until it’s eventually absorbed. This absorption happens quickly, often within a few hours for many people. So, while the active metabolites might be near zero several hours after using, the inactive metabolites will still be present in your blood and likely at a much higher level. High enough to be charged with DUI.
Does Marijuana Register on a DUI Breath Test?
Although breathalyzers can reliably detect alcohol in someone’s breath, there is currently no reliable breath test for detecting marijuana. If the police want to justify a DUI arrest, they’ll need a blood test or other evidence to support their case.
Other Tests the Police Use to Find Drivers Using Marijuana
Since there is no breath test for marijuana use and blood tests can be refused, Pennsylvania police officers have other methods to identify those drivers who have used marijuana recently. A police officer may call another officer with specialized training, called a D.R.E. (Drug Recognition Expert), to the scene. A D.R.E. often uses field sobriety tests that are different from the traditional one-leg stand or nine-step walk and turn.
Remember, Pennsylvania drivers can refuse to take field sobriety tests without breaking the law. On the other hand, not complying with a blood test after a DUI arrest violates Pennsylvania’s implied consent law and is grounds for an automatic driver’s license suspension.
Worried About a Blood Test After a DUI Arrest? We Can Help
If the police arrested you on suspicion of driving under the influence of marijuana in Erie County, PA, don’t panic. The DUI defense lawyers at McCormick & Vilushis LLC can challenge the results of your blood test to weaken the prosecution’s case and fight for reduced or dismissed charges. Your freedom and driving privileges are at stake, and we’re fully prepared to help you contest these charges. Call us now at 814-455-5362 or complete our contact form for a free consultation.