Two recent scientific studies exploring the efficacy of drug recognition expert (DRE) protocols and field sobriety test for marijuana impairment may be inherently, flawed, and scientifically unreliable. Police routinely use DRE protocol when deciding whether to arrest a suspected marijuana impaired driver (DUID).
Pseudoscience and the Detection of Marijuana-Based Impairment: We Can and Must Do Better, William J McNichol
Summary of Article by McNichol:
FSTs for THC are pseudoscientific “police science” that use questionable indicators and lack scientific validation. Studies show that DRE protocols produce false results 45.5% of the time (that’s not much better than a coin flip), with officers disagreeing with each other frequently; yet, courts often accept this unreliable evidence. There is yet to be a valid objective method for detecting marijuana impairment.
Validation of Methods for Detecting Driving Under the Influence of Cannabis: Paths Forward, Marcotte & Fitzgerald
Summary of Article by Marcotte & Fitzgerald:
Studies find 48.5% of placebo-controlled participants performed poorly when evaluated by blinded officers. Researchers must develop unbiased, standardized tools for identifying impairment from marijuana. These tools do not currently exist.
The findings of these 2 new scientific studies reveal the unreliability of current investigation techniques that police use when making decisions to arrest marijuana impaired drivers.
Prosecution of drivers for marijuana dui is fraught with many problems. The biggest problem associated with proving a driver was impaired by cannabis is the lack of consensus among the scientific community of the level at which THC impairs the driver to no longer drive a vehicle with the caution characteristic of a sober driver. The defense of a marijuana dui is quite different from that of alcohol.
If you have been arrested for marijuana DUI (DUID), you should consult with a lawyer. Matthew Ruff is a Top Tier Marijuana DUI Attorney in California with over 30 years experience.
Read the interview of Attorney Matthew Ruff by the Daily Breeze Regarding DRE Use in Marijuana DUI Arrests.
