How does law enforcement deal with suspected cannabis impairment?
Introduction
While it's illegal for anyone to drive while impaired by any substance, the law enforcement community has been concerned about impairment from cannabis since legalization began. This is because there has historically been no device that can check for marijuana impaired drivers. The only other way to detect marijuana impairment is a Drug Recognition Expert (DRE) police officer. The DRE program was created to deal with this concern and help identify drivers who are impaired on alcohol and every other class of impairing substance. However, patrol officers are also trained in identifying individuals who may be under the influence of other drugs while driving. Their training is much more limited than a DRE officer. Here is what you need to know about how law enforcement deals with suspected cannabis impairment:
An officer will observe your driving behavior and if they have probable cause to think you may be impaired, they will pull you over.
Police officers are experts at monitoring the driving behavior of cars around them for signs of impairment. Through training and practice patrol officers get very good at picking impaired drivers out from a sea of cars. Once a driver gets pulled over, they must comply with the police officer, including submitting to certain tests (called implied consent). The tests that a police officer conducts in the field are generally not covered by implied consent statutes, but be sure to check your state as each one is different.
Implied consent can be thought of as the terms and conditions of getting your driver’s license. This is a privilege, not a right, and it’s the job of the police officer to determine when that privilege can and should be revoked. Implied consent statutes commonly require a driver to submit to blood-alcohol testing if they are arrested for suspicion of driving while impaired.
Officers are trained in identifying individuals who may be under the influence of cannabis or other drugs while driving.
All police officers are trained in identifying individuals who may be under the influence of cannabis or other drugs while driving. This is a basic part of the law enforcement academy and every police officer knows the basic signs and symptoms of impairment.
Officers look for signs of impairment such as bloodshot eyes, confusion, lack of coordination and slow reactions to stimuli. As a first step, police officers will commonly try to determine if the impairment is alcohol related by asking the driver to blow into a Portable Breath Test, or PBT, which quantifies the amount of alcohol in the breath. This tool is commonly referred to as a breathalyzer, and in the US, anything over a 0.08 BAC is considered to be impaired. Gaize may be used instead of or in addition to a PBT. This tool will evaluate the driver’s eye movement for signs of impairment while recording a video of the eyes.
Patrol officers will also often ask drivers to participate in a Standardized Field Sobriety Test, or SFST, which is designed to elicit physical signs of impairment in a repeatable way. The SFST includes the walk and turn test, the horizontal gaze nystagmus test, and the one leg stand test. If a driver fails any of these tests, it could be an indication that you are impaired, need medical attention or that there's something else wrong with your ability to drive safely.
If an officer gets a reading from the breathalyzer that shows no alcohol or if they otherwise suspect someone is impaired by drugs (including cannabis), they will likely arrest the person and perform additional tests back at the police station. These tests often include a saliva test, a blood test, or perform a drug recognition evaluation, which is a very thorough series of test performed by a DRE officer.
The DRE program is trained to identify drug impairment from cannabis or other substances.
The Drug Recognition Experts (DRE) program is a special training that law enforcement officers receive to recognize drug impairment. The DRE program is a minimum of 80 hours long and taught by an instructor approved by the International Association of Chiefs of Police (IACP). This training teaches officers how to recognize drug impairment from cannabis or other substances, as well as how to determine if the driver is impaired from alcohol or other drugs.
The evaluation by the DRE involves a review of the driver’s condition, a preliminary test for signs of impairment and 12 additional steps that evaluate physical and mental conditions. First, the officer reviews information such as appearance, behavior and attitude; then he/she attempts to perform an eye exam. This is used to observe pupil size changes in both eyes, and to detect abnormal eye movement using a standardized series of tests.
The next step includes an evaluation of vital signs including pulse rate, respiratory rate (how many times you breathe per minute) and blood pressure. The subject is also asked to estimate the passage of time and will be asked to perform physical tests like the walk and turn test and the one legged stand.
Gaize for Cannabis Impairment Detection
Since cannabis is extremely difficult to detect, even by a Drug Recognition Expert officer, the driver may also be asked to participate in a test using Gaize. Studies have shown that DRE officers are usually only 60-85% accurate at detecting and classifying cannabis impairment. Gaize is significantly more accurate than DRE officers, and the tool is becoming more and more common.
Gaize is an automated impairment detection product that performs the DRE eye tests and monitors eye movement characteristics using special eye tracking sensors. The data captured by these sensors is then evaluated using extremely accurate machine learning models to detect signs of impairment.
Gaize can conclusively detect impairment from cannabis, and records eye movement video so the police officer has a piece of evidence that can be used to prosecute the driver. Gaize is not usually covered in a state’s implied consent laws, but some states are considering adding it.
Learn more about Gaize for cannabis impairment detection by clicking here.
Police officer places Gaize on a suspected impaired driver.
The DRE will determine if the driver is impaired and what drug is causing the impairment.
The Drug Recognition Expert (DRE) will determine if the driver is impaired and what drug is causing the impairment. The DRE will evaluate physical and mental conditions, as well as behavior and coordination. Based on these observations, they can make a preliminary assessment of whether the individual is intoxicated from drugs or alcohol.
If the driver is found to be impaired on cannabis or any other drug, they will be placed under arrest for driving while impaired. The DRE will then write a report on their findings, which may be used in court to support a prosecution for driving under the influence of cannabis or another substance. If they used Gaize in the process, the test video will likely be used as evidence as well. The officer will then conduct additional tests such as breathalyzer tests, saliva tests, or blood samples that can help them determine exactly which substances are in your system before issuing any penalties against you as an offender.
Conclusion
It's important to know that the law enforcement will do everything they can to protect everyone on the road, and that they take cannabis impairment while driving very seriously. If you are a cannabis user and you are concerned about driving while impaired, there are ways use it without putting yourself or others in danger. First, make sure not to drive until you’re sure that you’re completely sober. It’s worth noting that cannabis can impair users for a very long time, particularly when consumed in an edible. Making plans to get home safe should be made before they get high.
Cannabis impaired driving is extremely dangerous, and multiple scientific studies have confirmed this fact in recent years. If a driver is impaired on cannabis and driving, Gaize is an emerging tool that may be used to test them for impairment and record video evidence of how their eyes are behaving.
Bottom line: it’s not worth it to drive while high. Be responsible and make plans to be safe while driving for your sake and that of everyone else on the road.
