Legislation currently pending in Colorado has received national attention and may be extremely relevant to California. Colorado, like California, is a state in which medical marijuana is legal. The California Highway Patrol (CHP) has argued that the legalization of medical marijuana has led to a rapid increase in the number of drug impaired car accidents where alcohol is not involved. While marijuana impaired drivers that cause car accidents resulting in serious injury or wrongful death can be prosecuted, these cases are more difficult and costly to prosecute than DUI cases involving alcohol. The Colorado legislature is currently considering a new law to make it easier to convict drivers who have used marijuana prior to driving. The law would create a “DUI per se law” for drugs much like the DUI per se law that is currently used in drunk driving cases.
The proposed legislation would permit prosecutors to obtain a conviction for DUI if a driver’ blood test reveals a blood alcohol concentration (BAC) for TCH of five nanograms or higher. If a driver tested above this level, the driver could be convicted of DUI even if the driver exhibited no physical or mental effects of impairment while driving. This legislation would make it much less difficult to convict a driver of DUI where marijuana is ingested prior to driving.
Critics of the legislation argue that there is empirical evidence that marijuana does have the adverse impact on driving ability caused by alcohol. A study published in 2007 in the Canadian Journal of Public Health analyzed car accident data in the U.S. during a ten-year period. The study concluded that drivers who had a BAC for alcohol of half the legal limit (.05% BAC) engaged in unsafe driving practices prior to a collisions at triple the rate of those who had a positive blood test for marijuana. A study in France reached even more compelling results finding that drivers were four times more likely to be involved in a fatal collision if they had ingested any amount of alcohol than if they tested positive for any amount of marijuana.
Those who oppose DUI per se laws for marijuana also contend that testing for TCH in a driver’s blood does not indicate impairment of driving ability because a marijuana user may test positive for TCH for weeks after using the drug. While it is still too early to tell whether this legislation will be enacted in Colorado, California may well be influenced by the results. Because of the difficulty of proving impaired driving and the additional cost of employing expert testimony, a California DUI per se law for drugs would reduce the evidentiary challenges facing prosecutors in DUI cases involving marijuana and discourage marijuana related DUI car accidents.
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If you or someone you love has been injured or a loved one has been taken from you in a fatal collision with a drug or alcohol impaired driver, our experienced San Francisco car accident attorneys may be able to help. It is important to contact us as soon as possible because critical deadlines apply. Our auto accident attorneys in San Francisco invite you to contact The Law Office of Ian Zimmerman for your free initial consultation. We are open 9:00 a.m. to 6:00 p.m., speak Cantonese and Mandarin Chinese, and are available for weekend, evening, home and hospital meetings and visits. We also offer free initial consultations and work exclusively on a contingency fee basis so that you pay nothing if we don’t win your case.