California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
Marijuana Laws » California officers test "marijuana breathalyzer"
DUI breath tests that determine whether someone is under the influence of alcohol have long been a fixture in California DUI law enforcement. But for a long time police have had to rely on more invasive blood or urine tests to determine whether someone was driving under the influence of drugs.
That may not be the case for much longer, though. An Oakland-based company recently worked with law enforcement to test a “breathalyzer” for marijuana–that is, a breath-testing device that can determine whether someone is driving under the influence of marijuana.
Hound Labs in Oakland claims that its “marijuana breathalyzer” can detect marijuana from both smoked and edible sources. The company worked with the Alameda County Sheriff’s Department to field-test the pot breathalyzer recently.
Apparently the breathalyzer accurately determined whether drivers who blew in the device voluntarily–and were not arrested even for positive results–had smoked pot within the last several hours. The company’s founder stated that he hopes to put the pot breathalyzer into use by police departments over the next six months.
The need for a device that can quickly and reliably determine whether a driver is under the influence of marijuana may grow more urgent soon. Recent polls show strong support among California voters for Proposition 64, which would legalize recreational marijuana use in the state. Prop 64 will be voted on this November.
In addition to Hound Labs, other companies are working on their own versions of a marijuana breath test. And some companies are even trying to develop roadside saliva tests and fingerprint-sweat tests that can detect drivers under the influence of marijuana.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Yosemite National Park may be within California’s borders, but if you get busted for possession or growing pot in Yosemite or in any national park, you are within the borders of federal law and subject to penalties much harsher than those you’d face under California law. Yosemite National Park is one of the country’s most ...
Most people are aware that marijuana has been decriminalized in California. However many are not clear on whether it is legal or what the penalties are exactly. The bottom line is while the penalties have been relaxed substantially, it is still illegal. In California, marijuana possession is governed by California Health and Safety Code 11357, ...
On November 8, 2016, Nevada voters approved Question 2, the Regulation and Taxation of Marijuana Act (the “Act”). Effective January 1, 2017, the Act makes it legal for adults aged 21 and over to buy and use recreational marijuana in Nevada. Nevada is now one of eight U.S. states in which the recreational use of ...
It’s legal to possess marijuana paraphernalia in California–but not because of the marijuana legalization law Proposition 64. In fact, California’s possession of drug paraphernalia law (Health and Safety Code 11364 HS) never applied to paraphernalia for smoking marijuana (such as bongs and papers for rolling joints). The major forms of paraphernalia that are covered under ...