New breath test on the horizon — for marijuana?

On Behalf of | Dec 4, 2015 | Field Sobriety Tests

Marijuana has brought up various debates for decades. The drug still creates a stir of controversy from person to person. Debates over the controlled substance have led to recent changes in marijuana laws in various states. Even Maryland has lessened its restrictions on marijuana use in the state.

With debate can come legislative changes, as the changed drug laws demonstrate. And with changes in laws often comes the need for further legal clarification. The legalization of marijuana use in certain states has resulted in the need to clarify impaired driving laws related to the use of the drug.

As a prior post explains, drug impaired driving in Maryland is determined if a driver’s drug use renders him incapable of driving safely. As you might guess, that is a relatively vague standard. When it comes to marijuana and impaired driving, law enforcement has hoped for a more concrete standard to work by, like the drunk driving standards that are more widely accepted in Maryland cases and cases throughout the U.S.

One technology company is hoping its new invention can play a part in making marijuana impaired driving cases easier to analyze. Hound Labs, Inc. has created a breath test that measures THC levels in a person’s system. The measurements are reportedly very precise — but precise measurement isn’t all that is necessary for a fair DUI case.

The effect that THC has on someone’s system and the way that the drug works and lasts in a person’s system varies. Before any breath test can make or break an impaired driving case, authorities will have to look at research and determine whether a certain THC level leads to impairment across the board.

Even the current breath tests that are used in drunk driving cases have flaws. Anyone who is charged with DUI in Maryland, whether based on alcohol or drug use, should work with a defense lawyer as soon as possible to have the best chance at defending their future.

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