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Sorta related: What is the current situation regarding testing for being actively under the influence of marijuana? For better or worse, breathalyzer tests have
by jimt1234 3y ago
Sorta related: What is the current situation regarding testing for being actively under the influence of marijuana? For better or worse, breathalyzer tests have been generally accepted for testing being actively under the influence of alcohol. Are breathalyzer tests used for marijuana, too? Or, is it just a field sobriety test?
Further, what is the situation for recent-use testing? I've heard that marijuana can be detected in blood for something like 90 days. Like, how would a test work for a job like an air-traffic controller?
Disclaimer: I'm not a smoker at all. Not trying to protect my job at the airport. Just curious, as more and more states are legalized recreational use.
- beeburrt 3y agoYou get a Driving Under the Influence charge and everything that comes with it: suspended license, fines, etc. if there are traces in your blood, even if the traces are days/weeks old. And they can take your blood without your consent. Ask me how I know.
- owenmarshall 3y ago> Sorta related: What is the current situation regarding testing for being actively under the influence of marijuana? For better or worse, breathalyzer tests have been generally accepted for testing being actively under the influence of alcohol. Are breathalyzer tests used for marijuana, too? Or, is it just a field sobriety test? A quick and very important slight tangent that there are two kinds of breath tests at play. When the police pull someone over for suspicion of DUI, they're attempting to establish probable cause for an arrest. The preliminary breath test is one of these tools, and in most (possibly all?) states it is voluntary & not admissible as evidence. You can look your own state's laws up, but here's a deep dive from Wisconsin on their laws[1]. If the police establish probable cause of intoxication because you volunteered to take a field sobriety test / preliminary breath test, because of their description of your physical condition (bloodshot/glassy eyes) or circumstances (open container, scent of marijuana), you'll be arrested & compelled to perform an evidentiary breath test on a stationary machine in a police station, or provide a blood sample to test for intoxication. And this is not a voluntary test – your refusal to provide an evidentiary test is considered evidence that you committed a DUI and you will be penalized accordingly. So in general: it's almost best to keep your interactions with the police limited & refuse any voluntary tests to prevent probable cause from being built. [1]: https://www.wisbar.org/NewsPublications/WisconsinLawyer/Pages/Article.aspx?Volume=88&Issue=1&ArticleID=23792 https://www.wisbar.org/NewsPublications/WisconsinLawyer/Page...
- autoexec 3y ago> Are breathalyzer tests used for marijuana, too? Or, is it just a field sobriety test? I'm not sure either of those things would be very effective for marijuana. I think that they work fine for catching drunks, but maybe they simply aren't needed for other drugs. If you're driving is terrible enough, it shouldn't matter if you were on a drug, or over-tired, or texting when you should have been watching the road. If you're screwing up behind the wheel and the cops don't think you're safe to drive you should get a ticket and be driven home or arrested (depending on the circumstances). I'm all for pulling dangerous drives off the roads, but it seems like a lot of people busted for DUI aren't pulled over because they were clearly a danger to others. They were pulled over for something like broken tail lights/headlights or outdated tags and only then do officers "smell" something or think someone's eyes are "red". I don't know if it's just harassment, power-tripping, or if police have quotas to meet, but it sometimes seems like once they have people pulled over, not matter the reason, they will look for any excuse to make an arrest.