This is a common story. Car gets pulled over for speeding or erratic driving. Sometimes the car is stopped for a too long a time at a stop sign AND as the joke goes, waiting for it to turn green. Anyway, the police stop the car, window comes down and whew, the odor, the smell of weed permeates the air. Or the driver says, "I'm high as f...k."
I don't need to make shit up anymore. So many crazy stories of drugs, cars, parties, people, and events too vague or hazy to fully remember. The criminal charge of DWAI drugs NYS VTL 1192 (4) in this and many cases due to marijuana, the drug THC.
THC is Active as Delta-9
Tetrahydrocannibinol begins as Delta- 9 THC as the active substance in the blood. The blood stream after smoking and/or ingesting rises to it's peak of 100 to 200 or more nanograms. In Colorado only 5 nano grams in the blood is "per se" impairment. It falls from the hundreds to single digits after 3 or so hours.
THC Breaks Down Into Metabolites
THC first breaks down into hydroxy THC. This still has effects upon the body and the mind for many hours after the initial active substance has dissipated. In the ensuing hours, days, weeks we then have carboxy THC.
THE Bottom Line On Blood Tests for DWAI Drugs (THC)
If the DA's blood results do not show ACTIVE DELTA 9 THC then they have a weak case of DWAI drugs UNLESS they have found drugs on your person, or have performed a DRE (drug recognition evaluation).
Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
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