No more stoned driving -- Colorado is passing THC limits for DUI

[senorx12562]

CO actually has stricter DUID laws than Virginia, just so you know. The current law here says that any habitual user of a controlled substance who operates a motor vehicle is guilty of a DUI, even if the substance is lawfully-obtained medical marijuana. It's a de facto zero tolerance policy, that should (and apparently is) going to change in favor of a science-based limit. To my mind, that change would be a loosening, a liberalization of our DUI policy, but as you can see, everyone else disagrees.

I'd be curious about how case-law defines "habitual" in order to avoid constitutional infirmity for vagueness.

[HighPopalorum]

I'd be curious about how case-law defines "habitual" in order to avoid constitutional infirmity for vagueness.

I know, right? The current law is so vague as to be an open invitation for selective enforcement. There are no objective standards, so courts rely on the observations and evidence of LEO, which leads to some pretty convoluted logic. I got an especial chuckle out of this:

Halter v. Department of Revenue of State of Colo. "If an officer has probable cause to support arrest and breath alcohol test, officer also may request that driver submit to drug test. If driver passes the breath test, drug use is a reasonable explanation for driver's intoxication regardless of whether other evidence existed to support search for drugs."

Passing a breathalyzer is an indication of drug use. Pretty twisted, huh?

[senorx12562]

Given that the respondent in Halter is the Dept. of Revenue, I imagine it's a license suspension/revocation/denial proceeding, so has no precedential value for a criminal proceeding as the standards of proof are very different and the constitutional limits on State action are also way different, but your point is well taken; in that context at least, much deference is given to the testimony of LEO.

[cologrower420]

"No refusal" DUI checkpoints could be coming to Tampa | Tampa Bay, St. Petersburg, Clearwater, Sarasota | WTSP.com 10 News

I would imagine that MMJ will be more heavily regulated than alcohol, and this story seems pretty troubling.

The federal government says Florida has among the highest rates of breathalyzer refusal.

"Now you've got attorneys telling their clients, don't blow, don't blow! Because we know from the results from these machines that they're not operating as the state or the government says they're supposed to operate," said Stephen Daniels, a DUI consultant and expert witness.

Supporters, though, say you could see the "no refusal" checkpoints in the Bay area by October.

"We don't want to violate people's civil rights. That's the last thing we want to do, but we're here to save lives," Unfried said.

edit: Here is a good post on the subject of impairment.
Abolish Drunk Driving Laws - Reason Magazine

[Zedleppelin]

And in Texas cops can forcefully stick a needle in a motorist on the roadside and take blood. Welcome to the police state of America.

Texas Police Will Take Blood By Force in DUI Cases

[GratefulMeds]

The bigger issue I see other than the 5 nanograms is any cop any time can force a blood test based on 'reasonable suspicion'. What constitutes reasonable suspicion? Long hair? Candy wrappers on the floor of your car? Once again all a cop has to say is they smell it and the govt forces a needle in your arm. If that isnt unreasonable search and seizure I don't know what is. If a cop has it out for you he could pull you over every day and force this upon you, decline and its an automatic DUI. Its this kind of crap that makes me never want to leave the damn house.

Never submit to a test, shut up and exercise your 5th and 14th amendment rights and get a lawyer, beating a driving while stoned is one of the easier things for most attorneys it is a very hard case for DA's to convict hence the try for a new law, if you have trouble call Skip Wollrab in Boulder he beats this kind of crap all the time and I speak from experience.:stoned::thumbsup::thumbsup: