DUI and Proposition 64

DUI and Proposition 64

In November 2016, California voters approved Proposition 64, also known as the Adult Use of Marijuana Act. This new law legalizes the recreational use of marijuana for adults 21 and older, allowing them to possess, transport, purchase and use up to an ounce of cannabis. It also allows individuals to grow up to six plants for personal use.

While Prop 64 was largely embraced by California residents, with 57% voting in favor, it has raised some concerns regarding driving under the influence. Specifically, there are worries that legalizing recreational marijuana could lead to an increase in drug-impaired driving incidents.

Concerns over drugged driving

Prior to Prop 64, driving under the influence of marijuana was already illegal in California. However, the passage of this proposition means far more people will be legally using cannabis, potentially leading to more cases of drugged driving.

Law enforcement officials have warned that California may see a spike in drug-impaired driving crashes and fatalities with the legalization of recreational pot. They argue that the state is not fully prepared to handle the road safety challenges this could bring.

“It has taken generations to educate the driving public about driving and to strengthen laws to reduce drunk driving,” a coalition of law enforcement groups said in a statement against Prop 64. “Proposition 64 would create new traffic safety issues and increase the problem of impaired driving.”

Some key concerns around drugged driving in the era of legalized marijuana include:

• More drivers operating vehicles after using marijuana, leading to impaired judgment and slower reaction times.
• Difficulty in detecting marijuana impairment during traffic stops compared to alcohol impairment.
• Lack of standardized field sobriety tests for marijuana.
• Uncertainty over marijuana’s impairing effects and how long it remains in the system.

“We are going to start losing folks in astronomical numbers” due to drugged driving, said Kern County Sheriff Donny Youngblood, a Proposition 64 opponent.

California DUI laws

In California, it is illegal to drive under the influence of alcohol, marijuana or other drugs that impair driving ability. This is true whether the substance used is legal, prescription, over-the-counter or illegal.

Under California Vehicle Code 23152, it is unlawful for a person to drive a vehicle when:

• The driver is under the influence of alcohol, drugs or a combination of both.
• The driver has a blood alcohol content (BAC) of 0.08% or higher.

A DUI conviction carries severe penalties in California. For a first offense, this includes fines, DUI classes, license suspension and possible jail time. Penalties get progressively worse for repeat offenses within a 10-year period.

Proving marijuana impairment

While alcohol impairment can be clearly shown through breathalyzer or blood tests, proving marijuana impairment is not as straightforward. THC, the main psychoactive compound in cannabis, can remain detectable in a person’s blood long after the impairing effects wear off.

California uses two primary means to demonstrate marijuana impairment for DUI convictions:

1. Blood testing – Blood samples are analyzed to determine the person’s THC levels. However, there is no agreed upon limit for impairment like the 0.08% BAC limit for alcohol.
2. Drug recognition experts – Police officers known as DREs conduct field sobriety tests and examinations to assess if a driver is impaired by drugs. This process is subjective and the validity of DREs is debated.

Defense lawyers often challenge blood test results and DRE assessments in court when representing clients charged with marijuana DUIs.

Prop 64 DUI provisions

Prop 64 included some specific provisions related to driving under the influence of marijuana:

• Allocated $3 million annually to the California Highway Patrol for developing DUI protocols to detect marijuana impairment during traffic stops.
• Allowed the CHP to use oral fluid testing to check for marijuana presence, in addition to blood testing.
• Required the CHP to determine protocols for law enforcement training to recognize drugged driving.

The legislation also maintained existing DUI laws, clearly stating that legalization does not change the fact that driving while impaired is illegal.

Avoiding a marijuana DUI

Here are some tips for avoiding a marijuana DUI in California after Prop 64:

• Do not drive within several hours of using marijuana, more if you feel impaired at all.
• Be cautious combining marijuana with alcohol, which can greatly intensify impairment.
• Consider alternative transportation like rideshare services, public transit or taxis.
• Store marijuana in your trunk while driving to avoid open container violations.
• Avoid smoking or consuming marijuana in your vehicle.

Ultimately, the best way to avoid a DUI is not to drive at all if you feel impaired in any way after using marijuana. While it may be legal under Prop 64, driving under the influence carries the same steep legal consequences as before.

Sources:

• Los Angeles DUI and Proposition 64
• Prop 64 Raises Questions over Handling of Marijuana Use and DUI in California
• A proposition to legalize pot raises DUI concerns
• California Marijuana Laws- DUI Drugs
• Drug-Impaired Driving
• California cracks down on the new DUI