Jump to Navigation
Office Locations in Newburgh and Middletown, New York - Se habla español

Lawmakers may update field sobriety tests for marijuana detection

In New York, it is illegal to drive when one's blood-alcohol content is .08 percent or higher, and this can result in drunk driving charges. When marijuana is involved, however, there is no legally allowable amount. If any marijuana is detected in the bloodstream or urine at all, a driver may face consequences for driving while ability impaired. This is very problematic, because it is possible for traces of marijuana to remain detectable in a person's blood or urine days after the person smoked it.

This means that New Yorkers can end up facing consequences for DWAI-drugs, when, in fact, they were not driving while impaired whatsoever.

Recently, several states have legalized recreational marijuana use, which has prompted some lawmakers to consider better ways to conduct marijuana-related field sobriety tests. One option is a THC breath test.

THC is the ingredient in marijuana that causes the high effect, and this is also the ingredient that is considered to impair driving ability. A study that was recently published in a medical journal indicates that it is possible for a breath test to determine the presence of THC; currently, these tests can detect THC only up to two hours after a person has smoked marijuana. Depending on a number of factors, the effects of marijuana may last three to four hours, according to that study.

Whether marijuana-breath tests will ever replace blood tests here in New York remains to be seen. For now, those who face drug-related DWAI charges should seek legal counsel. A conviction for a DWAI can result in the loss of one's driver's license, the loss of insurance, fines and even jail time.

Source: The Huffington Post, "Alternative To Controversial Blood Test For Pot DUIs," Matt Ferner, Oct. 22, 2013

No Comments

Leave a comment
Comment Information
Latest News
  • Miranda Rights Violated

    Michael Collado recently received a favorable decision following a pretrial suppression hearing held in Newburgh City Court on behalf of a client accused of Driving While Intoxicated and causing a motor vehicle accident.

    Learn More
  • DWI Charges Not Proven Beyond A Reasonable Doubt

    John Ingrassia secured not guilty verdicts for his client who had been charged with Driving While Intoxicated offenses .

    Learn More
  • Breath test in DWI Case suppressed due to threat of incarceration.

    John Ingrassia recently persuaded a judge to suppress a chemical test result of his client’s breath due to the fact that the police officer who arrested his client advised him that if he submitted to the breath test he would be released, however, if he refused the test he would be taken before a judge and sent to jail.

    Learn More
  • DWI Sentence Modified Upon Appeal

    John Ingrassia successfully persuaded NY State Supreme Court Appellate Term to modify a sentence following a DWI conviction. Mr. Ingrassia‘s client was convicted after trial of Driving While Intoxicated and was sentenced to 45 days in the county jail and three years of probation along with fines, surcharges, and license revocation.

    Learn More
  • Five Attorneys Selected To The 2018 Upstate New York Super Lawyers & Rising Stars Lists

    Larkin, Ingrassia & Tepermayster, LLP, a leading local law firm, today announced that five attorneys from the firm have been selected to the 2018 Upstate New York Super Lawyers and Rising Stars lists.

    Learn More
  • Daniel Jackson Wins NYS Department of Motor Vehicles Administrative Appeal

    Larkin, Ingrassia and Tepermayster's Daniel C. Jackson, III recently won an appeal filed with the New York State Department of Motor Vehicles (DMV) challenging a finding that his client refused a chemical test following a Driving While Intoxicated arrest.

    Learn More
  • United States Supreme Court Hands Down Landmark Decision Regarding Cell Phone Records

    The Supreme Court of the United States (SCOTUS) handed down a landmark decision in Carpenter v. United States on June 22. 2018 regarding cell-site location information (CSLI). SCOTUS ruled that law enforcement must secure a search warrant based on probable cause in order to acquire CSLI.

    Learn More
  • DWI Charges Reduced To A Non-Alcohol Driving Ticket

    John Ingrassia recently was able to resolve a DWI charge with a plea to a non-alcohol driving related traffic ticket.

    Learn More
  • DWI CHARGES REDUCED TO A RECKLESS DRIVING PLEA

    John Ingrassia recently persuaded prosecutors to offer a plea to Reckless Driving in lieu of a Driving While Intoxicated related charge.

    Learn More
  • Latest adjustments in child support and maintenance calculations

    With the new year, the cap for child support and maintenance has now changed.

    Learn More
  • Digital Assets and Estate Planning

    Clients who come into our office for estate planning come for a variety of different reasons. Some clients come to make sure their wishes are followed once they become incapacitated or pass away.

    Learn More
  • Adjournment in Contemplation of Dismissal for Client Charged with 1st Degree Rape

    Attorney Daniel Jackson recently achieved an outstanding outcome for his client who was charged with Rape in the 1st Degree, Sexual Abuse in the 1st Degree and Harassment in the 2nd Degree. The most serious charge of Rape in the 1st Degree carries a maximum penalty of twenty five (25) years in State Prison.

    Learn More

Offices in Newburgh and Middletown Conveniently located 3 minutes from the Newburgh Beacon Bridge on Interstate I-84 Se habla español