Picture this: you are driving down the road in Arkansas and see those flashing blue lights in the rearview mirror. An officer pulls you over, and they catch a whiff of marijuana. What happens next? Here is a breakdown of how police can prove you were driving under the influence of marijuana.
Initial observations
First, the officer will rely on their initial observations. They might notice the smell of marijuana, see that your eyes are red or glassy, observe slow reaction times or that you’re driving erratically. These clues give them a reason to investigate further.
If the officer thinks you might be impaired, they’ll likely ask you to do some field sobriety tests. These tests can include:
- Walking straight
- Standing on one leg
- Following an object with your eyes
Many states, including Arkansas, employ specially trained officers known as Drug Recognition Experts (DREs). If you’re asked to perform and fail field sobriety tests, the officer might bring a DRE for a more detailed assessment. These experts undergo extensive training to identify signs of drug impairment.
Chemical testing
Suppose the officer believes there is sufficient evidence of impairment. In that case, they may arrest the driver and request chemical testing to detect THC (the active ingredient in marijuana) or its metabolites. Standard chemical tests include:
- Blood test: Measures THC’s amount and metabolites in the bloodstream.
- Urine test: Detects the presence of marijuana metabolites, indicating recent use.
- Saliva test: Used to detect recent marijuana use.
Implied consent laws in many states, including Arkansas, mean that drivers agree to submit to chemical testing. Refusing these tests can result in immediate penalties, such as a 180-day suspension of the driver’s license.
Additionally, refusal can be used as evidence in court, potentially leading to further penalties. Since DWI is a grave criminal offense, it is important to seek legal advice when accused of it.
Proving that an individual was driving under the influence of marijuana involves a combination of the officer’s initial observations, field sobriety tests, and chemical testing. Drivers should know these procedures, their rights and the legal implications of refusing tests.