Non's quick and dirty primer on MJ, DUIs, and Colorado.

[eynon81]

Funny enough I'm in the middle of a trial involving half the state troopers in Southern Colorado so I figure I'd take a little time out to discuss how Amendment 64 will affect DUIs in my glorious mountain state. Be forewarned, I left most of my brain in court today so yeah.

So, how will Amendment 64 change DUIs in Colorado? quick answer, it won't.

The only major legal difference between DUI-Alchs and DUI-MJ is that Alchs have a presumptive impairment range...basically if your BAC is over a .08 the burden is shifted and the defense has to prove that they weren't impaired. This does not exist in re MJ. They tried to work something out last year at the state capital, but nothing came of it. Defense attorneys want this presumptive range because right now most jurors assume that if they find any MJ in your blood or piss you were probably impaired.

Now...can they force you to give blood or piss in CO? not really. If you are passed out they can, but aside from that all chemical and physical (roadside) tests are "voluntary"....the " " is due to that fact that while you don't suffer any criminal sanctions if you refuse to take any test the DMV will revoke your "privilege" to drive for a year. They can do that because it's admin law, and no-one, not even the supreme court, understands admin law.

Ok, so...how can they prove that you're driving high? There is no short answer. The Police and State troopers are trained up on all the dozens and dozens indicia of intoxication, be it alch, MJ, meth, oxy, what have you. A lot of those indicia have nothing to do with a specific intoxicant but rather answer the more general question, are you f**k up?

So....how will Amendment 64 affect DUIs in Colorado? it won't.

[OGPhilly]

Nice succinct explanation.

[eynon81]

[Mo~]

I have a question. I have a condition which makes it impossible for me to stand "steady" with my eyes closed or if I don't have a visual reference, such as when I'm on a mountain outcrop or on top of a high platform. It's kind of like an inner ear problem but is actually located in my brain. I didn't even realize it until was misdiagnosed with MS after my second child was born and sent to a neurologist. Turns out I had been compensating for it my whole life without even realizing it was happening. The doctor asked me how I washed my hair in the shower and I realized I don't close my eyes, I get it done with my eyes open and if I do have to close them I would lean into the wall or touch it with one hand while clearing my eyes with the other. I can't walk around my house in the dark without touching my furniture or the walls. It was also pointed out that it was why I had trouble previously with passing a field sobriety test and was taken to the police station for conclusive testing. It came back ridiculously low, like .008 or something like that and the cop did at least apologize.

Anyhow, the doctor said I should just refuse any field testing and immediately request a breathalyzer and our attorney later agreed because he said it would look bad to have me videotaped being "unstable on my feet" even if I passed with .00 afterwards, he could try for a reckless driving ticket to cover his ass and that would be BS since I do drive with my eyes open.

Anyhow, so how would that go with MJ testing? I don't have any problems passing any tests, breath, saliva, blood, piss or hair. But, how would I avoid the added hassle since I can't close my eyes and stay steady, watch my feet while I walk a line without glancing for surrounding visual cues or follow a pen with my eyes without moving my head or looking past it to stay steady on my feet? Do the cops there carry the swab tests with them or something?

[Boris Johnson]

It may be testable from salvia, looking into this. There might not be enough lipid concentration to result in a detectable amount.

Though just off the bat, testing in terms of 'there is THC in this person' and any sort of amount at a given time, could be hard.

[eynon81]

[Mo~]

It is testable by saliva. One of the temp agencies I worked with used them and one job I was offered did, but it was mailed in. My X's mine also went to them but I don't know if any are instant or have to be mailed in. The saliva tests are supposed to pick up use within the last 6-72 hours. Piss and blood can read anywhere from about 3 days to 2 or 3 months depending on the person's body fat. Hair is supposed to go back about 90 days.

One problem is, as Non mentioned, it doesn't measure actual impairment, just previous use. Another is it doesn't measure the level of impairment. That's one thing if it is illegal because it simply needs to prove you have used an illegal substance. However, if it being used in a Driving will Impaired charge, the prosecution should have to prove you are actually impaired by the substance at the time you are driving and the level of impairment, not simply that you were impaired even if it was 2 days before.

[eynon81]

[Professor]

[eynon81]