According to the Orange County Crime Lab, 2 ng/ml of THC is at the low end of what is even detectable in the blood. Moreover, in a recent DUI trial in which my client had the precise level of 2 ng/ml of THC in his blood (in combination with several other drugs), the forensic toxicologist testifying for the DA admitted that there is no scientific evidence whatsoever linking that low level of THC with any bad driving or impairment. In fact, the forensic toxicologist, testifying under oath, admitted that the controlled studies that have been conducted on marijuana use show that a low level of THC causes either no impairment to driving ability at all or a slight improvement to driving ability.
The defeated bill also tried to set arbitrary limits for other drugs such as cocaine, amphetamine, methamphetamine, heroin, and morphine. It is well known, to DUI attorneys and prosecutors alike, that it is far more difficult to get a DUI conviction for drugs than it is for alcohol because of the per se limit of 0.08% in alcohol cases. Since drug DUI cases have no set limit, the prosecutor must prove that the driver was actually impaired by the drug so that the driver couldn’t drive with the same are and caution of a sober person. In alcohol cases, even if the driver was completely unimpaired, able to perform all the field sobriety tests perfectly, and exhibited no bad driving, they will still be convicted if their blood-alcohol limit is at or above a 0.08%.
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