As soon as the State of Oklahoma outlawed driving under the influence of marijuana, questions about marijuana testing became extremely important. Inadequate marijuana testing procedures can make DUI marijuana cases especially complex. Anyone charged with a DUI marijuana case should be aware that poor drug testing procedures may be a valid defense to their case.
The DUI tests for alcohol don’t work for marijuana testing because marijuana can’t be detected in the breath like alcohol can. A police offer cannot give a roadside breath test for marijuana in the same way that they can for alcohol. Although researchers continue to work to develop saliva tests, these tests are far from reliable.
For individuals stopped for driving under the influence, the police officer’s investigation may seem more like guesswork. Field sobriety tests were developed and standardized to alcohol use. Although some officers may try to claim these tests are just as good for a marijuana investigation, a DUI investigation and arrest may be based on little, if any, scientific evidence.
When an individual faces a DUI marijuana charge, the testing that they receive may be a critical part of their defense. If law enforcement cannot show that their testing is both scientifically accurate and conducted in accordance with recognized procedures, the test results may not be admissible in court. In order to keep the test results out of the trial, it may be necessary to file a preliminary court motion.
Preventing the admission of the test results might result in dismissal of the case, so examining the testing is one part of defending against a DUI charge. An attorney may guide someone accused of DUI through the process of preparing a defense.