Field Sobriety Tests and Driving Under the Influence of Marijuana

No matter what the state, it is illegal to drive under the influence of marijuana. When pulled over, the driver is usually ordered out of the vehicle to perform field sobriety tests. An officer typically puts the driver through a series of balance, coordination, and mental acuity tests. While each jurisdiction uses its own field sobriety tests, there are some common tests used by practically all police agencies.





Balance tests





The driver is usually asked to stand on one foot and lean back with their eyes closed. Another balance favorite is asking the driver to walk an "imaginary line," usually in darkness of night. Innocent factors effecting balance tests include the actual location and conditions surrounding the test (on the roadside with cars speeding by), the lighting (dark, poorly lighted), the actual surface and pitch of the test area (loose gravel or dirt, uneven or slanted), the weather (cold, rainy, windy, snowy), and the drivers shoes (boots, heels, stiff dress shoes) all play a role in determining the accuracy of the testing. Interestingly, the loss of balance is not usually associated with being under the influence of marijuana. Notwithstanding, law enforcement continues to use these forms of tests to determine sobriety and safe driving.





Coordination tests





The driver, using one hand, is usually asked to touch each finger with the thumb, going from the index finger to the pinky finger and then back down again. This apparently demonstrates dexterity and the ability to follow instructions. Other popular coordination tests include asking the driver to count backwards while touching the nose with the tip of the index finger and while his eyes are shut closed. Not only are these tests difficult to do when completely sober, the test is affected by the actual test conditions and the officer's own ability to give clear and concise directions. All too often the officer does a poor job of explaining exactly what is required.





Mental tests





Reciting the alphabet, counting backwards from a random number ("count backwards from 73 to 57" or "count backwards from 100 by 7s") is all part of testing a driver's mental acuity and capacity to focus on a task. Most experienced criminal defense attorneys can point out that these tests are often misleading since they are usually administered late at night, while the subject is nervous, tired and under interrogation. Further, the officer's opinion of poor performance on these field sobriety tests does not necessarily indicate the driver was so impaired he could not operate a vehicle safely.





Unlike the drunk driver, the driver under the influence of marijuana does not typically display the same types of deficits in balance, coordination and mental acuity that are so often produced by alcohol intoxication.





Just because driving under the influence of marijuana is more difficult to prove with any degree of certainty, one should not underestimate the penalties if one actually gets convicted of the offence. The penalties are serious and a conviction for driving under the influence of marijuana can result in fines, jail time and loss of driving privileges.

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