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Roadside Testing for Marijuana is on the Horizon

Michael Cohen • May 3, 2021

The national trend in various jurisdictions across the United States today is to legalize marijuana use – even recreationally. As a result, many motor vehicle operators who are on the road have at least a small amount of THC in their systems. The way it works right now, police officers and other law enforcement officers test for the presence of THC in a driver’s body following the driver’s DUI arrest. However, law enforcement officers want to be able to test for THC prior to an arrest. Consequently, a market is quickly developing for roadside THC testers, and many of these devices are anticipated in the near future. 

 

Drug charges and convictions on a person’s criminal record can lead to serious consequences. In addition to the penalties imposed by a judge for a drug offense, the accused individual will also have to deal with the black mark of an arrest or conviction on his or her criminal record. The experienced drug crime and OWI defense attorneys at Cohen Law Offices can explore legal defenses in your case and could help you pursue the best possible result. For more information about how we could assist, please call Cohen Law Offices today at (715) 514-5051 or contact us online. 

 

Why is Roadside THC Testing Necessary?

Many law enforcement agencies are of the opinion that roadside THC testing is necessary if a police officer suspects that a driver is impaired by drugs or alcohol while operating a motor vehicle. Since many states across the country are allowing marijuana, even for recreational use, more drivers are getting behind the wheel while they are still under the influence of THC. THC is marijuana’s psychoactive chemical compound, and being under its influence can have a significant impact on the way a driver operates his or her vehicle. The side effects of THC often include altered perception of time, an inability to concentrate, extreme relaxation, and euphoria.

 

Since OWI is becoming a bigger problem across the country, many police officers are trained to be on the lookout for signs of impaired driving. Law enforcement agencies also want police officers to have testing equipment that they can use at the scene to detect the presence of THC in a driver’s body.

 

Roadside Drug Testing that is Currently in Use

To date, there are four manufacturers who have created various devices that are being marketed to law enforcement agencies for THC detection. The current roadside testers which are in use are the drug test 5000, The Device (also known as mLife), the So Toxa Mobile Test System, and the Drug Wipe S. All four of these devices are able to detect the presence of THC in a driver’s oral fluids. 

 

However, one of the main problems with these testers is that they are not universally reliable. For example, although they can test for the presence of THC in a driver’s bodily fluids, they are not able to detect the amount of THC which is present. Moreover, these devices can detect THC that may have been present in the driver’s bodily fluids for a maximum period of 78 hours. This may be long after the effects of THC in the person’s system have disappeared.

 

Contact an Experienced Drug Crime and OWI Defense Attorney Today

If you are facing a criminal drug charge, you should call Cohen Law Offices at (715) 514-5051. We have the skill and experience required to protect your rights and bring your case to the most favorable resolution possible.


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