California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
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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, 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.
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, ...
Nevada law permits adults (21 and up) to possess a maximum of 1/8 oz. of concentrated cannabis for personal use. People may not sell it unless they are licensed dealers. Concentrated cannabis is extracted from marijuana. Therefore, it is more potent than marijuana. That is why people may lawfully possess an ounce of marijuana but ...
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 ...
According to an article on Newsweek.com, a California based company recently made a breathalyzer test for marijuana. While currently not in use by law enforcement, the new device has the potential to be used by police to detect if a driver is driving under the influence on marijuana. Currently, California police officers use a mouth ...