Practical ideas, and information about defending New York DWI, criminal charges, and traffic violations. Winning strategies from an Ithaca DWI lawyer's vantage point.
This country is at a crossroads in many respects. We are experiencing a dramatic liberalization of marijuana laws amongst the majority of states. I bump into more and more people, young and old who are smoking pot. It's not just for kids anymore, if it ever was?
But the confusion is only beginning with understanding what the law actually is and what it means when it comes to Stoned Driving? When is high, too high to drive? Where are the lines or thresholds for marijuana use from state to state? In New York State when am I too high to drive a car? Does New York prove DWAI drugs by blood or urine?
This is my 420th Post so I figured what better time to discuss THC and DWAI drugs.
I live in Ithaca, NY which has it's far share of "head" shops. Stores which cater to the smokers of marijuana. Pipes, bongs, roach clips, and assorted paraphernalia (gotta love that word) to use and enjoy the plant of their choosing. Some offer books on growing techniques and hydroponic set ups all in the name of good gardening.
In my younger days, or should I say as a teen I worked in a head shop in Brooklyn, NY that was located in Kings Plaza. It was a store with multiple vendors all sharing space and an occasional joint. There was a leather smith, a nick-nack area, and a household goods section. Many of the people working there would get high on breaks, maybe they would be considered chronic users. In those days, they were stoners, people who loved to get stoned (like all day). I partook on occasion, I did inhale, and the Led Zeppelin sounded that much better.
Today I defend people charged with use, possession, and abuse (bad use) of marijuana. Whether you have a reason to smoke or not, it is illegal in New York. Moreso, driving while under the influence of drugs of any type is a bad decision. Better to take that cab or call everyone you know. Impaired driving, buzzed driving, stoned driving, and drugged driving can all have fatal consequences.
Which brings me to today's topic, sometimes law enforcement will ask you for a body sample to check for drugs (ie. marijuana). Marijuana is the most commonly used substance after alcohol in upstate NY.
When can they legally request a sample of your breath, blood, urine, and/or salvia to check for THC?
After the lawful stop of a car a request can be made if they think you are driving due to an impairment from pot. If they smell it in the car, or on your person, or find some on you or in the car or in a handbag in the car or a pipe with resin (residue) it will lead them to think you are driving while impaired by marijuana.
Is urine testing for impairment by drugs (like THC) conclusive and accurate?
When you test someone's Urine you are testing for waste products of a drug's breakdown called metabolites not active substances. Urinalysis can not detect the presence of any ACTIVE THC.
Urine tests are cheap and inaccurate indicators of impairment, yet only 90% of all United States drug testing tests urine. Finding THC metabolites in the urine ONLY means one thing, it only indicates
prior THC exposure. The detection time is usually long past the window of impairment. Is blood testing for impairment by THC conclusive and accurate? Even if the police test your blood for ACTIVE THC (It is difficult to establish a relationship between
a person's THC blood or plasma concentration and their performance impairing effects). Impairment by THC is more complicated than just showing or proving a particular level in the blood. Many additional factors need to be taken into consideration. Was this a novice user or a chronic user? What was the level at the time of operation? How many hours have past since peaked THC levels? Was this a level that caused impairment in this individual? Marijuana use "can" impair driving at certain dosages, and at specific times after smoking.
Marijuana has
been proven to impair your ability to drive for up to 3 hours after smoking. The immediate and subsequent affects to users with eaten marijuana (taken in food) are different.
They affects of cannabis on driving are:
Decreased ability to control a car's handling and performance, increased (delayed) reaction times, impaired ability to estimate time and distance,
inability to maintain headway, sleepiness, incoordination of small and large muscles, and impaired sustained vigilance (focus and concentration to task).
If you are charged with DWAID (driving while ability impaired drugs) don't just assume it's all cut and dried. It is more complicated than just did you inhale.
Watch this video to see the special police test for marijuana while driving
A new study shows that teen use of pot has increased while there is a remarkable decline in drinking. They surveyed 47,000 teens so I think the evidence is pretty compelling. Although my son says you can skew (twist and interpret) any data with statistics to support your opinion.
Is this a good thing (decrease in alcohol, increase in pot)?
Which is worse "drunk" driving or "high" driving?
Before you accuse me of promoting either activity let me state for the record, I do not advocate anyone driving while under the influence of "any" substance that would cause them to be a danger. BTW Studies have shown that driving while tired and texting can be just as dangerous as being impaired by a drug. Many more car and truck accidents have been attributed to driver fatigue than intoxication or impairment combined.
Many people I talk to believe that marijuana should be legalized. I don't think that is going to happen anytime soon. It is being, and has been decriminalized in many states. There is a trend (14 states and counting) to have medical marijuana. I think marijuana has it's place, compared to other drugs, it is safe, and should not be demonized.
Alcohol the DRUG
Most people forget: Alcohol is a powerful DRUG, but because it is: not sold in a pharmacy, socially acceptable, legal, and easily obtainable (local gas station) we downplay it's ability to affect us. We minimize alcohol, and the fact that about one in ten people is an alcoholic (alcohol dependent).
I believe that drunk driving has proven much more deadly than high driving. Regular (daily) pot users learn to do tasks while high. I have seen fully functional daily stoners. However, you choose to define fully or functional. This is also true to a certain degree for alcoholics but not to the same level or standard.
Neither is a good thing by any stretch of the imagination. It troubles me to see high driving portrayed as so innocuous in the movies. Being wasted out of your mind and driving may be funny in the movies but I would not want to be on a road with that person. So my answer is I do not think an increase in pot use is better. I think it opens up the door once again to teach people to respect all drugs and their ability to affect us. Being aware that with pot, the THC levels may vary greatly crop to crop. Difficult to always know how you may be after only smoking a joint. It also might be "laced" (tainted) with other drugs. Worse than drunk driving or high driving is the combination drunk/high driving.
TRENDS
I have seen a rise in those charged with DWAI drugs in Ithaca, and upstate New York. This is DWI on any drug other than alcohol. This charge is a crime (misdemeanor level). It is punishable to the same extent as alcohol DWI but without the mandatory ignition interlock device. Many of the cases I have defended involved either pot or prescription drugs. Combining multiple (prescription) drugs that cause drowsiness, muscle relaxation, and decreased reaction time spell disaster out on the road.
See my YouTube videos on "DWAI drugs" part I here:
DWAI Drugs part II here:
Always 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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