Tag Archives: THC

Regular readers of this blog know that I try to keep them informed about new methods of detecting marijuana (THC) in the body of drivers.  For instance, you may wish to review my 2019 post here and my 2015 post here.  In addition to breath tests, a saliva test has now been studied.  If perfected, this method will likely be used by law-enforcement officers as part of their investigatory procedures to determine if someone is driving under the influence of ... Read More »

According to an article published in Prosperous, a team from the University of Pittsburgh, including Dr. Ervin Sejdic, has created a breath testing device that can trace levels of tetrahydrocannabinol (THC) in a person’s breath. THC is the chemical responsible for most of marijuana’s psychological effects. These researchers developed it through the use of carbon nanotubes, which are miniscule tubes of carbon 100,000x tinier than a human hair. According to this news article, the cannabinoid THC as well as other ... Read More »

Substantiating British research from many years ago, a car crash study reported on May 20, 2019 in the online version of the journal Addiction, found no statistically significant relationship between drivers testing positive for Δ-9-tetrahydrocannabinol (THC) or other drugs and those who did not in contributing to a motor vehicle collisions. The study was based on 3005 injured drivers and police reports on 2318.  In particular, the findings found no statistically significant relationship between testing positive for THC and the risk ... Read More »

The effects of alcohol intoxication are relatively well-known, and they are also relatively universal among different people. The amount of alcohol concentration in one’s bloodstream that causes these effects differs among each of us (e.g. tolerance). Moreover, the amount of time it takes to experience these effects is dependent upon a number of factors such as how quickly the alcohol is consumed, the amount of food in one’s stomach, etc. Nonetheless, all states[1] in the U.S. have adopted the 0.08% ... Read More »

Breath testing devices are commonly used by police officers in their pursuit to enforce Driving Under the Influence (DUI/DWI/OUI, etc.) laws across the nation. These devices not only detect the presence of ethanol, but also attempt to quantify the amount of alcohol in one’s blood. Every state has adopted a per se limit of .08 percent of alcohol in the person’s blood. This means that if a person has a blood alcohol level (breath tests are also commonly used to ... Read More »

Why do I have to pay a !@#$%^&* Virginia “License Reinstatement Fee” when I don’t even have a Virginia License? We’ve had a ton of these questions lately. Usually at least a couple of the caller’s favorite expletives are inserted as they rehearse all the costs they have already paid for a Virginia DWI: court fines & fees, ASAP & treatment fees, FR-44 insurance fees, and possibly even reimbursement of arrest costs to the city or county that arrested them ... Read More »

SCRAM – the Secure Continuous Remote Alcohol Monitor – is becoming more popular in Virginia courts both before and after trial.  SCRAM is an alcohol tester that straps on to your lower leg.  It typically consists of two black boxes secured by a locking strap. The most common use of SCRAM continues to be as a condition of bond. If you want out of jail before trial – you have to wear SCRAM. While a number of judges across Virginia require ... Read More »

There is no actual DWI exception to our Constitutional rights; however, DWI Attorney Lawrence Taylor popularized the term to describe numerous Supreme Court rulings that act as if there were. (See http://dwimanual.com/our-attorneys/what-motivates-us/ for more.) A number of DWI Attorneys have written excellent blogs about the Navarette case – but a previous Virginia case that was before the Supreme Court showed once again that the DWI Exception to the Constitution is alive and well. Harris v. Commonwealth of Virginia shared a ... Read More »

“Smoke ‘em if you got ‘em” is the new word from Arizona Supreme Court (State v. Harris (Shilgevorkyan, Real Party in Interest,) No. CV-13-0056-PR). Arizona was one of but a handful of “metabolite states” where it is illegal to drive with the psychoactive ingredient of marijuana “Tetrahydrocannabinol” (THC) in your system, or any of its metabolites. While it is still illegal to drive with THC in your system, it is no longer illegal to drive with any of pot’s inactive metabolites. ... Read More »

Among the Top 10 Questions that I am asked:  “How long will a DUI be on my record?” Virginia makes the answer easy:  DUIs are forever. Virginia has no provision to erase or expunge any misdemeanor or felony conviction no matter how much time has passed.  It is true that a first or second DUI (both misdemeanors) will only “count” against you as a previous DUI for 10 years, but as of July of 2013 felony DUIs now count against ... Read More »