When someone is driving under the influence of alcohol in Georgia, they can be given a breath test. This measures the amount of alcohol in their system and converts it into a blood alcohol concentration (BAC) reading. The legal limit is 0.08%, so anyone who reaches or exceeds that limit will be presumed to be impaired.
But drivers need to remember that they can get a DUI for more than just alcohol. Any type of impairment may qualify. This means that a driver who is high on marijuana products could also be arrested, as could someone who is recreationally using painkillers or other medications. But how do the police test to see if someone is high?
There is no accurate breath test
As of right now, there isn’t a breath test that police can give someone to determine if they’re high at the moment. It doesn’t show their level of impairment. The breath test used for alcohol can’t measure cannabis or prescription medications. This means that police officers often make these arrests based on field sobriety tests or their own judgment calls.
Some point out that there are plenty of drug tests that could be used to determine if someone has illegal substances in their system. While this is true, it doesn’t say anything about impairment. For example, a chronic marijuana user could still test positive for cannabis a week after they used it, but they certainly wouldn’t be high at the time that they were driving their car. The effects would’ve worn off days ago.
This makes impaired driving cases very complicated. Those who are facing charges must understand their legal options.