As extra states legalize medicinal and recreational marijuana use, the conversation about how to handle Driving Beneath the Influence (DUI) laws has turn out to be increasingly prevalent– in legal, law enforcement, prosecution, and government circles, amongst other people.
There is no presumptive legal limit for THC levels in connection with driving beneath the influence in most states at this time. That might alter promptly in the wake of a fatal collision in Albemarle County, Virginia, in which the truck driver who collided with a train, killing his passenger, was just acquitted.
The County’s lawyer, Robert Tracci, is pushing for a presumptive legal limit to address each the security problem posed by impaired drivers and the evidentiary roadblock to obtaining convictions in critical circumstances like this 1.
The truck driver prosecuted for the collision, in which 1 passenger was killed and the other sustained permanent injuries, tested optimistic for THC, but the judge would not permit the jury to hear testimony from a toxicologist about no matter whether he was impaired.
The challenge for lawmakers, judges, law enforcement, and prosecutors is the questionable reliability of figuring out impairment primarily based on THC blood levels. The difficulty in connecting THC levels to degree of impairment is recognized by some surprising groups, which includes the National Highway Website traffic Security Administration, which has identified that the level of THC in the blood and the degree of impairment do not seem to be closely connected, and the American Automobile Association, which has taken a position against legal limits for THC, citing lack of scientific proof.
Nevertheless 18 states have a zero tolerance for driving with any drugs in the blood, 3 states have a zero tolerance for THC, seven states have per se limits for THC, and 1 state, Colorado, has a “reasonable inference” law applicable to driving with THC. Quite a few extra states are thinking about some extra definitive legislation on the problem.
If the unsuccessful prosecutor in the Virginia case has his way, Virginia will join these states with a presumptive limit. A comparable work failed in 2006, but lots of think it is time to attempt once more. Although it is not probable to figure out with absolute scientific precision no matter whether a THC blood level is going to outcome in impairment in any offered person, “that’s accurate of all drugs, which includes alcohol,” says prosecutor Tracci.