Will I still be prosecuted for a bac of .04 or less?

[concerneddadof3]

In PA, the presence of any illicit drug in your system is automatically a DUI. Regardless of when you smoked it/took the drug. There goes your case!

 

[CdwJava]

I'm confused about the whole drug screening thing. I smoke weed every now and then, so if they do a drug test I'm sure it would show some in my system. I didn't smoke anything the day/night I was arrested - in fact, I hadn't smoked for more than 24 hours, so I was not "high" when I was driving, by any means. How do they handle this? Obviously a dui is driving under the influence and I absolutely was not driving under the influence of weed....I'm sure it would be used against me, but how would it relate to a dui if I wasn't under the influence?

In CA driving under the influence of marijuana is not proven by the presence of the drug alone. To show impairment by marijuana, the FSTs would also have to demonstrate this impairment in addition to its presence in the system ... and after 24 hours, it is doubtful that the required concentration of metabolite would be present to test positive.

- Carl

 

[CdwJava]

In PA, the presence of any illicit drug in your system is automatically a DUI. Regardless of when you smoked it/took the drug. There goes your case!

The poster is in CA and this is not the case out here.

- Carl

 

[heyitsme]

In CA driving under the influence of marijuana is not proven by the presence of the drug alone. To show impairment by marijuana, the FSTs would also have to demonstrate this impairment in addition to its presence in the system ... and after 24 hours, it is doubtful that the required concentration of metabolite would be present to test positive.

- Carl

Alright, thank you.