Are Marijuana Breathalyzers Coming to Utah?

DUI Breathalyzers

For many years in Utah, police officers have used breathalyzers during their investigations of individuals driving while under the influence of alcohol. These breathalyzers, often called portable breath tests (PBT’s), register a person’s breath alcohol content to determine if it is over the legal limit of .05. These PBT’s are preliminary tests, and the results are not admissible in court. In order to produce reliable results in court, officers must also have individuals perform a breath test with an intoxilyzer machine. These tests must be administered correctly, so it is important for a Utah DUI Defense Attorney to review the administration of these tests.

Marijuana Breathalyzer Testing

With the advent of states legalizing Marijuana for recreational and medicinal purposes, police officers are encountering more and more people driving under the influence of marijuana. The issue, however, is whether having marijuana in one’s system affects his or her ability to safely operate a motor vehicle. When marijuana is used legally for recreational or medicinal purposes, should someone receive a DUI for using it? To answer this question, Oklahoma is starting a pilot program using breathalyzers to determine if someone has recently used marijuana. It is a new technology to determine whether someone might be too impaired to drive because of marijuana use. It will be interesting to see how the pilot program works, but it seems unlikely to help very much as tools like this just confirm an officer’s suspicion someone is too impaired to drive.

Marijuana DUI Lawyer

Although Utah does not have a marijuana breathalyzer, people are still arrested and charged for driving under the influence of marijuana. They are tested primarily through blood and urine to determine if marijuana is in their system. If you have been charged with a DUI for using marijuana, call a Provo DUI Defense Lawyer at 801-900-3371. Having adequate representation may save your driver’s license and keep you out of jail.

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