Legalized Weed Issues ....

Each state is different, but in Iowa, you do not have to consent to any sobriety road side testing, you can demand that your lawyer be present if a test is demanded, and you can specify that the testing only be conducted by a certified lab like in a nearby hospital or clinic. And to add to that one, you can specify that any samples taken be sent to up to two different labs for analysis.

Got a card in my wallet from a Des Moines law firm that outlines all of this and quotes the Iowa statutes that back it up.

 

In Kentucky its called a DWI, most of the time when someone is pulled over and under the influence of drugs they will not comply with request of officer for blood test. Judge will take licence for 6 months 1st offence and will have to under go 1 year of random drugs test and 6 months of DUI classes and have to attend a one time class at a rate of $150 cash only. None of this is cheap

 

As it shouldn't be. DWI/DUI is serious business. You can kill someone.

 

http://www.webbattorney.com/marijuanadui.php

New Marijuana Law (I-502) - Seattle Cannabis DUI

Washington State's NEW Marijuana DUI Standards
Do you think it is illegal to smoke marijuana and then drive? Well, it is not! Seriously? Yes. Just like alcohol (it is not illegal to consume alcohol and drive in Washington, or any state for that matter) driving after marijuana use is not illegal so long as the driver is not under the influence or affected by the marijuana or over the per-se (commonly referred to as the "legal limit") of 5 ng/mL of blood.
Every Washington State DUI case is affected by admissibility of tests to determine alcohol, but now the State of Washington's legislature has enacted a new portion of the DUI statute to crack down on Marijuana use while driving. Drivers suspected of marijuana use have always come under scrutiny and previously, when charged, the State could only speculate as to the "impairment" level of the driver. But now, there is a new legal standard for impaired drivers who have been driving while using marijuana, it is 5 ng/mL. How did the State come up with this standard? Who knows! There are no agreed treatises or studies of any sort which conclude that absolutely every driver is impaired at 5 ng/mL, but the State is using this "level" nonetheless. It is a per se level, so that means, even if you are a regular user of Marijuana in Washington State and are arrested for a Marijuana DUI, the prosecution only has to show that your blood results were 5 ng/mL and they get a conviction. There is no speculating as to whether that particular individual isn't impaired, they are presumed impaired even though there is no documentation (treatise, scientific studies, etc.) to establish this finding. I find this highly suspect and very concerning. My advice to anyone suspected of a Seattle Marijuana DUI is, don't drive at all after smoking marijuana.
Problems with Marijuana DUI Evidence
Numerous defense challenges to the results in Marijuana DUI cases are available, especially given the fact that there is no way to estimate how many tokes or puffs get someone to the "per se" level of 5 ng/mL. In breath test cases concerning alcohol there is a guideline (albeit from the 1930s) wherein you can estimate a BAC level (Widmark's formula). However, there is no such guideline for cannabis. In fact, numerous studies indicate that estimating marijuana impairment via plasma (i.e., a blood draw) is problematic and inconclusive. Nevertheless, the legislature will enact the 5 ng/mL standard level and you will be presumed guilty. Think also how this affects Medical Marijuana users. They are authorized to consume marijuana, but given there is no way to estimate what level they may reach after just a couple of puffs, this new DUI Marijuana (THC) law is essentially "no tolerance." It precludes the use because drivers are risking a criminal conviction even if they are using under the law!
Marijuana DUI - Cannabis DUI Advice
Seeing as how 5 ng/mL is such a low standard, with no apparent scientific standard for estimation or determination of impairment, it is best to just not drive at all after using marijuana. Also, considering the government put no effort into determining how different varieties of marijuana may affect individuals, it is advisable to find other transportation. This new statute and enactment by the government, in my humble opinion, is foolish, and without any true scientific conclusions it is draconian . I'm prepared to fight for you if you have been charged with a Seattle Marijuana DUI, Seattle Cannabis DUI or Washington State Marijuana DUI. In fact, my first "Not Guilty" DUI verdict was a case involving an allegedly impaired driver who was smoking marijuana! Contact us today to discuss your case!
Current Statue (RCW) on DUI - Drugs
RCW 46.61.502 Driving under the influence. (1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state: (a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or (b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or (c) While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or (d) While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug. (2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.
THEREFORE, even if you are legally consuming, smoking marijuana, you are subjected to arrest for driving a motor vehicle afterward.

 

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.[SUP][-10th Ammendment[/SUP]

 

Driver you want to smoke weed drink at the bar on your days off then do so.
Nobody can stop you from doing that, and it's your right too, if you want.
But... Under D.O.T. your carrier whom you drive for, or your insurance company if your an owner operator, No Drugs, or Alcohol, can be in your system, while driving a commercial vehicle.....PERIOD
You get into an accident while on duty, and kill someone, take the post accident drug test, ...... and from your "party hardy weekend" test positive, Now What...?
What Excuse can you tell to bring back the life of a person that died at a truck accident..?
That fact that drug use was found in your body, says you were impaired while driving a commercial vehicle making revenue, which makes you liable weather you caused the accident of not.
The bigger question is......How would you feel if it was a person in your family who was driving going to a family event let's say, and never got their because of a truck accident, which they were killed, and the truck driver tested positive for drugs, or alcohol.
Drugs and Alcohol has NO ROOM IN TRANSPORTATION, let aside anywhere else.
It's OUR RESPONSIBILITY AS DRIVERS, to be "Drug and Alcohol Free" when were behind the wheel, making revenue.
It's a uniform rule of law that governs EVERYBODY, you want to drink and smoke pot then STAY FROM BEHIND THE WHEEL OF A TRUCK, for my family's sake, and for the well being of your own family.

 

Having drugs in your system is a totally different thing then driving under the influence. Marijuana can be in your system a month after you smoke it. Can the DOT nail you for it? Yes they can and they will. But you people that think it being in your system will affect your performance probably still think the planet is flat and not round either.

Adam

 

The problem here is that if Driver A comes home on a Friday night, and has to be back at work on Monday, he can legally crack open the Jack when he walks through the door and stay hammered until Sunday afternoon.

On the other hand, if Driver B comes home on a Friday night, and has to be back at work on Monday, and just wants to kick off his shoes, smoke a doobie, and watch some Scooby, he's this bad criminal dope head.

Driver A may be home every weekend and get hammered, while Driver B may only make it in once every 6 weeks or so and just smoke a J to chill out when he finally gets home. Both drivers have the responsibility to not indulge in mind altering substances while or within 12 hours of operating any vehicle, commercial or otherwise.

Driver A is under the influence of a mind altering substance 6 times as often as Driver B, and yet Driver A is perfectly legal in DOTs eyes, while Driver B is a filthy criminal whose livelihood should be ruined forever. Why? Because alcohol has proven extremely easy to regulate and tax, while you can just call up your buddy and buy a bag of weed. It's all about tax revenue, plain and simple. Don't believe me? Just type "shuts down lemonade stand" into google, it's the same concept.

 

It doesn't help when talking to grandkids about danger of smoking weed that Obama says it's not that bad compared to drinking. YES IT IS, in fact much worse. In most states it can keep you from getting a job, including trucking, deny you student loans or govt jobs, etc etc. I may be wrong but having a few drinks doesn' t have those type of consquences as long as you dont drive. Not fair at all, but lots of futures ruined. Kids just can't have fun anymore. Will be interesting to see how driving laws and incarceration rates change in CO and WA.

 

Keep you from getting a government job? Haven't the past three presidents admitted to drug use?

Adam