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NathanScottPhillips
Jul 23, 2009

Xandu posted:

So it basically means you can't drive for a bit while after getting high. Is that really that terrible?
First of all yes, because as has been pointed out before even Marinol says on the bottle you can drive safely while taking it.

Secondly, if after 24-48 hours the THC in chronic smokers' blood was 3.2 ng/ml, then I'd wager that after 10 hours they were probably over 5ng/ml. Maybe with more studies we'd find that even heavier smokers have over 5ng/ml after 24-48 hours.

What if you couldn't drive for 10 hours after you had a beer?

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computer parts
Nov 18, 2010

PLEASE CLAP

NathanScottPhillips posted:

First of all yes, because as has been pointed out before even Marinol says on the bottle you can drive safely while taking it.

Secondly, if after 24-48 hours the THC in chronic smokers' blood was 3.2 ng/ml, then I'd wager that after 10 hours they were probably over 5ng/ml. Maybe with more studies we'd find that even heavier smokers have over 5ng/ml after 24-48 hours.

What if you couldn't drive for 10 hours after you had a beer?

This presumes that blood tests will be as common as breathalyzers, yes? I severely doubt that that will be the case.

The MUMPSorceress
Jan 6, 2012


^SHTPSTS

Gary’s Answer

NathanScottPhillips posted:

First of all yes, because as has been pointed out before even Marinol says on the bottle you can drive safely while taking it.

Secondly, if after 24-48 hours the THC in chronic smokers' blood was 3.2 ng/ml, then I'd wager that after 10 hours they were probably over 5ng/ml. Maybe with more studies we'd find that even heavier smokers have over 5ng/ml after 24-48 hours.

What if you couldn't drive for 10 hours after you had a beer?

I would be fine with that because I am responsible and don't get drunk unless I'm not driving until I come to the next day. If you're going to use any substance that alters your ability to drive or function, you should loving plan your day accordingly. Do your shopping, go to work, hit the gym, then toke up. If you're taking bong rips when you have poo poo to do later, you're being irresponsible.

NathanScottPhillips
Jul 23, 2009

LeftistMuslimObama posted:

I would be fine with that because I am responsible and don't get drunk unless I'm not driving until I come to the next day. If you're going to use any substance that alters your ability to drive or function, you should loving plan your day accordingly. Do your shopping, go to work, hit the gym, then toke up. If you're taking bong rips when you have poo poo to do later, you're being irresponsible.
You never had beer with lunch? Also it's very unhealthy to drink so much that you can't function and pass out.


The 5ng/ml limit is unscientific bullshit. Proof of this is that under Colorado law you can argue that you were not under the influence even if you test over the limit. You can't argue that if you blow over .08, they'd laugh you out of court.

thekeeshman
Feb 21, 2007
Am I the only person who thinks that what we really need is some kind of ability test that determines whether you are actually capable of driving? It seems like whether it's weed or booze the limits are a really crude and sometimes ineffective way of determining whether someone actually has the ability to drive. Surely we could figure out some way of doing this, maybe some kind of little video game you have to play to actually see what level your perceptivness or reflexes were like. Hell, we could use it to figure out which old people should be allowed to drive too, which would be a bonus.

NathanScottPhillips
Jul 23, 2009
Also what is the blood limit for nicotine? I need to know that because IMO driving after smoking a cigar is dangerous for a non-tobacco smoker like myself.

computer parts posted:

This presumes that blood tests will be as common as breathalyzers, yes? I severely doubt that that will be the case.
Saliva tests will probably be the new thing for roadside testing, those seem a little better, but still not a great testing method.

For now they will ask you to take a roadside sobriety test, and I will reject that and request to be taken in for a blood test, because that's the only chance I have to beat a cop who wants me to get a DUI.

a lovely poster
Aug 5, 2011

by Pipski

thekeeshman posted:

Am I the only person who thinks that what we really need is some kind of ability test that determines whether you are actually capable of driving? It seems like whether it's weed or booze the limits are a really crude and sometimes ineffective way of determining whether someone actually has the ability to drive. Surely we could figure out some way of doing this, maybe some kind of little video game you have to play to actually see what level your perceptivness or reflexes were like. Hell, we could use it to figure out which old people should be allowed to drive too, which would be a bonus.

I'm sure I'm not the only one who's been sitting in a DMV watching as an employee holds the hand of an elderly person who clearly can't pass the eye test.

Red_Mage
Jul 23, 2007
I SHOULD BE FUCKING PERMABANNED BUT IN THE MEANTIME ASK ME ABOUT MY FAILED KICKSTARTER AND RUNNING OFF WITH THE MONEY

NathanScottPhillips posted:

Are you really this dense?

Well since the legal limit for driving is 5 and not 3.2, and THC in the blood drops off like this:


I don't think I'm the dense one here.

Washington State has taken a pretty firm stance you shouldn't drive while impaired or distracted by any number of things, up to and including cell phones (IIRC there are situations where a police officer can pull you over for smoking while driving as well, but you keep right on tilting at windmills). I am sorry that what is currently a violation of the law (driving while high) becoming a less severe more consistent violation (DUI) offends you so. I genuinely hope you are just playacting offended for the internet though and don't genuinely believe that driving around stoned is a good idea.

Edit: Also you should read the actual text of how I-502 works before you start spouting off poo poo about how it works. They must test the level of THC in your blood within 2 hours if you consent to the test, this is right there in the law.

Red_Mage fucked around with this message at 16:47 on Apr 3, 2013

RichieWolk
Jun 4, 2004

FUCK UNIONS

UNIONS R4 DRUNKS

FUCK YOU

Red_Mage posted:

I am sorry that what is currently a violation of the law (driving while high) becoming a less severe more consistent violation (DUI) offends you so. I genuinely hope you are just playacting offended for the internet though and don't genuinely believe that driving around stoned is a good idea.

Have you ever used marijuana before? Just wondering, because you seem to be quite deadset on keeping the current THC DUI limits intact, instead of pushing for studies to see what an average THC blood level of someone too impaired to drive safely would be.

That chart you posted would seem to suggest that a blood THC level of 30-50 ng/ml would be a more appropriate DUI level. You could smoke a little bit, then be good to drive after a couple hours. If you set the limit at 5, the blood test would be unable to discern the difference between someone who had smoked 3 hours ago and 8 hours ago. Inhaled marijuana stops showing observable pharmacological effects after around 4 hours, so getting a DUI 4 hours after that would be total bullshit.

NathanScottPhillips
Jul 23, 2009

Red_Mage posted:

Well since the legal limit for driving is 5 and not 3.2, and THC in the blood drops off like this:


I don't think I'm the dense one here.
That graph isn't good enough. First of all it obviously isn't from a heavy smoker because it's nearly zero at the end of 8 hours, whereas heavy smokers have been tested at 3.2 24-48 hours later.

Secondly, it has been shown with other studies that higher levels of THC in the blood do not correlate with unsafe driving in regular smokers.

They have to test you within 2 hours of consent, ok how does that change anything? If I smoked 10 hours before giving consent and still am over the 5ng/ml limit, I will get a DUI. I'm pretty sure nobody in this thread thinks that THC is still affecting me after 10 hours.

quote:

Washington State has taken a pretty firm stance you shouldn't drive while impaired or distracted by any number of things, up to and including cell phones (IIRC there are situations where a police officer can pull you over for smoking while driving as well, but you keep right on tilting at windmills). I am sorry that what is currently a violation of the law (driving while high) becoming a less severe more consistent violation (DUI) offends you so. I genuinely hope you are just playacting offended for the internet though and don't genuinely believe that driving around stoned is a good idea.

Edit: Also you should read the actual text of how I-502 works before you start spouting off poo poo about how it works. They must test the level of THC in your blood within 2 hours if you consent to the test, this is right there in the law.
And Colorado state has taken a pretty firm stance that 5ng/ml is bullshit and you can argue against it in court. Marijuana has had lovely testing do to it's scheduling, blood testing is a bad way to do it. I am all for a good impairment test, but it has to be scientifically sound and it has to work equally from the first time smoker to Snoop Lion. I've smoked very heavily to the point where I wasn't feeling anything at all from smoking, just doing it out of habit. I could sit there and smoke an ounce through a bong and drive totally ok, but my friend who only smokes rarely will take one bong hit and fall over. Guess what, if a heavy alcoholic blows .08 he might not even feel the booze, but his motor skills will be measurably impaired in a similar amount to a light drinker at .08.

I'm not asking for permission to drive while high, though I am allowed to drive high on nicotine no questions asked, I am pointing out that if I smoke weed regularly (like after work every day) then I am at risk for getting a DUI the next morning.

Wow amazing your state has laws about careless driving, how unique!

kylejack
Feb 28, 2006

I'M AN INSUFFERABLE PEDANTIC POMPOUS RACIST TROLL WHO BELIEVES VACCINES CAUSE AUTISM. I SUFFER FROM TERMINAL WHITE GUILT. PLEASE EXPOSE MY LIES OR BETTER YET JUST IGNORE ME!

NathanScottPhillips posted:

That graph isn't good enough. First of all it obviously isn't from a heavy smoker because it's nearly zero at the end of 8 hours, whereas a heavy smokers have been tested at 3.2 24-48 hours later.
3.2 active THC, or metabolites?

NathanScottPhillips
Jul 23, 2009

kylejack posted:

3.2 active THC, or metabolites?
I assume we're talking about the solid red line on the graph. This is what I am quoting from the last page:

http://www.canorml.org/healthfacts/drugtestguide/drugtestdetection.html#blood posted:

Blood Tests

Unlike urine tests, blood tests detect the active presence of THC in the bloodstream. In the case of smoked marijuana, THC peaks rapidly in the first few minutes after inhaling, often to levels above 100 ng/ml in blood plasma. It then declines quickly to single-digit levels within an hour. High THC levels are therefore a good indication that the subject has smoked marijuana recently. THC can remain at low but detectable levels of 1-2 ng/ml for 8 hours or more without any measurable signs of impairment in one-time users. In chronic users, detectable amounts of blood THC can persist for days. In one study of chronic users, residual THC was detected for 24 to 48 hours or longer at levels of 0.5 - 3.2 ng/ml in whole blood (1.0 - 6.4 ng/ml in serum) [Skopp and Potsch].

A few paragraphs down and it blows the whole blood testing idea for THC out of the water:

quote:

Although high blood THC is a fairly good indicator of being under the influence, it is not infallible. Chronic users who develop tolerance to THC may in some cases drive safely with very high blood levels of THC. In one study, a subject with severe attention deficit disorder could not pass a driving test while straight, but performed well with a blood level of 71 ng/ml [Strohbeck-Kühner]. No similar phenomenon is known for alcohol.

NathanScottPhillips fucked around with this message at 17:42 on Apr 3, 2013

Nintendo Kid
Aug 4, 2011

by Smythe
One guy who should be on another medication already being able to drive better does not mean everyone who smokes weed won't have impacts on their driving ability.

NathanScottPhillips
Jul 23, 2009

Install Gentoo posted:

One guy who should be on another medication already being able to drive better does not mean everyone who smokes weed won't have impacts on their driving ability.
The point is that it behaves completely different than alcohol so we shouldn't set limits in the same way.

TACD
Oct 27, 2000

Install Gentoo posted:

One guy who should be on another medication already being able to drive better does not mean everyone who smokes weed won't have impacts on their driving ability.
No, but in general the point is that weed is not alcohol, and setting a legal limit is not as easy as finding a ng/ml level equivalent to the same amount of alcohol intoxication and calling it done. It turns out that another hazard of having a drug policy that consists of sticking collective heads in the sand and chanting "DRUGS AM BAD" is that when it comes to quantifying how and when those drugs are actually bad in definable ways, nobody loving knows because almost nobody has been allowed to research it.

Nintendo Kid
Aug 4, 2011

by Smythe

NathanScottPhillips posted:

The point is that it behaves completely different than alcohol so we shouldn't set limits in the same way.

Well the limits aren't being proposed to be set in the same way in the first place.

TACD posted:

No, but in general the point is that weed is not alcohol, and setting a legal limit is not as easy as finding a ng/ml level equivalent to the same amount of alcohol intoxication and calling it done. It turns out that another hazard of having a drug policy that consists of sticking collective heads in the sand and chanting "DRUGS AM BAD" is that when it comes to quantifying how and when those drugs are actually bad in definable ways, nobody loving knows because almost nobody has been allowed to research it.

Alcohol blood levels don't necessarily correlate to intoxication either (due to how people develop tolerance over time).

wilfredmerriweathr
Jul 11, 2005
Yeah I'm severely ADHD and I have medication that I take (it's called desoxyn, also known as "methamphetamine hcl") on a daily basis. But let's say that THC happens to help me almost as much as my medication does and is significantly cheaper and healthier, so I choose to reduce my medication dose and supplement with cannabis. Do I deserve a DUI? Keep in mind that afaik even if you have a medical license for weed you can still get a DUI under the laws in colorado.


Now, anecdote time: When a friend and I got pulled over by a trooper in rural CO, he took my friend (driver) out and did the roadside sobriety test. He explained every step of it to my friend, pointing out what would constitute a failure. He then explained to us that, realistically, any cop can find someone "impaired" in colorado and cite/arrest them.

And regarding comparisons to alcohol: alcohol does not build tolerance uniformly across all of your body's systems. While you may have developed a physical tolerance to the gross motor effects of booze, you will still be significantly impaired in one or more other areas (reaction time, ability to multitask, etc) which is why "oh I drive fine, I'm used to alcohol" is not a valid argument. This is best evidenced if you have ever been at a house party or kegger where a heavy drinker who does not appear to be very impaired slices a finger open or something and doesn't even notice that they are bleeding all over the loving place. They are fine doing things that they are used to but if you throw a curveball at them (like, say, a cyclist pulling out into the road on a dark night) they will completely miss it.

wilfredmerriweathr fucked around with this message at 18:19 on Apr 3, 2013

Nintendo Kid
Aug 4, 2011

by Smythe

wilfredmerriweathr posted:

Yeah I'm severely ADHD and I have medication that I take (it's called desoxyn, also known as "methamphetamine hcl") on a daily basis. But let's say that THC happens to help me almost as much as my medication does and is significantly cheaper and healthier, so I choose to reduce my medication dose and supplement with cannabis. Do I deserve a DUI? Keep in mind that afaik even if you have a medical license for weed you can still get a DUI under the laws in colorado.


Yes you deserve a DUI because you did a DUI. Hope you decided that getting a DUI really was cheaper then taking your prescribed medication in that case.

NathanScottPhillips
Jul 23, 2009

Install Gentoo posted:

Well the limits aren't being proposed to be set in the same way in the first place.
Yes they are, they are both measuring certain substances in your blood and proclaiming a limit.

quote:

Alcohol blood levels don't necessarily correlate to intoxication either (due to how people develop tolerance over time).
There is actually good science showing that the BAC is a good judgement of impairment, regardless of the drinkers' tolerance. There are studies showing the opposite as well and I'm in favor of reviewing all DUI laws in this country with new science to find better ways of catching intoxicated and unsafe drivers.

Install Gentoo posted:

Yes you deserve a DUI because you did a DUI. Hope you decided that getting a DUI really was cheaper then taking your prescribed medication in that case.
Is there a blood content limit for prescribed medication? How can you say he is not "Driving Under the Influence" of that medication? Can I get a DUI if I'm Driving Under the Influence of the music on my radio making me accelerate faster?

Nintendo Kid
Aug 4, 2011

by Smythe

NathanScottPhillips posted:

Yes they are, they are both measuring certain substances in your blood and proclaiming a limit.

There is actually good science showing that the BAC is a good judgement of impairment, regardless of the drinkers' tolerance. There are studies showing the opposite as well and I'm in favor of reviewing all DUI laws in this country with new science to find better ways of catching intoxicated and unsafe drivers.

Measuring substances in your blood is a great way to find a level where beyond that point you're definitely affected. The legal limits tend to be well below that level though and some people at that will be totally wrecked and others will be fine. They're not the same.

We don't need new science to catch "idiots driving like idiots and getting into crashes".

NathanScottPhillips posted:

Is there a blood content limit for prescribed medication? How can you say he is not "Driving Under the Influence" of that medication? Can I get a DUI if I'm Driving Under the Influence of the music on my radio making me accelerate faster?

No, at least in most states. He is being explicitly allowed to drive under the influence of that particular medication, which is not carte blanche to swap it out for whatever other drug he chooses. I don't know man, how about you go nearly crash your car into someone else and then ask the cop if the music made you under the influence?

Nintendo Kid fucked around with this message at 18:31 on Apr 3, 2013

NathanScottPhillips
Jul 23, 2009

Install Gentoo posted:

Measuring substances in your blood is a great way to find a level where beyond that point you're definitely affected. The legal limits tend to be well below that level though and some people at that will be totally wrecked and others will be fine. They're not the same.

We don't need new science to catch "idiots driving like idiots and getting into crashes".

"The legal limits tend to be well below that level though--" except for the 5ng/ml test as evidence by the fact that Colorado says you can argue against it in court.

eSports Chaebol
Feb 22, 2005

Yeah, actually, gamers in the house forever,

NathanScottPhillips posted:

A few paragraphs down and it blows the whole blood testing idea for THC out of the water:

quote:

No similar phenomenon is known for alcohol.

Is this a joke or something? I thought studies were supposed to avoid being facetious.

Nintendo Kid
Aug 4, 2011

by Smythe

NathanScottPhillips posted:

"The legal limits tend to be well below that level though--" except for the 5ng/ml test as evidence by the fact that Colorado says you can argue against it in court.

So you're saying Colorado set the blood limit ABOVE the "everyone with this is definitely impaired" threshold now?

NathanScottPhillips
Jul 23, 2009

Install Gentoo posted:

So you're saying Colorado set the blood limit ABOVE the "everyone with this is definitely impaired" threshold now?
Read better:

NathanScottPhillips posted:

Colorado's weed-DUI law is actually very progressive in this regard and recognizes that marijuana is far different than alcohol:

http://www.thedenverchannel.com/new...o-house-tuesday

quote:

House Bill 1114 would presume drivers are too stoned if their blood contains more than 5 nanograms of THC per milliliter. THC is the psychoactive ingredient in marijuana.

Waller said his bill is different from previous versions because it would allow someone to rebut that they are impaired at the 5 nanogram level.

"For example, if you did not exhibit poor driving, you can put that on as evidence to say, "Look my driving was not poor...I'm not unsafe to operate a motor vehicle," Waller said.

wilfredmerriweathr
Jul 11, 2005

eSports Chaebol posted:

Is this a joke or something? I thought studies were supposed to avoid being facetious.

Yeah that does seem out of character for a non-biased scientific paper. But it's coming from NORML and their bias is pretty obvious.

Nintendo Kid
Aug 4, 2011

by Smythe

No broheim, you need to read me better. I said that limits for drugs tend to get set well below the point where everyone on it is intoxicated. Then you go and say "oh yeah well Colorado sets weed limits at 5 ng/ml and it's not the level where everyone is intoxicated on it".

Do you not see where that doesn't rebut me at all, or are you over 5ng/ml sir?

NathanScottPhillips
Jul 23, 2009

Install Gentoo posted:

No broheim, you need to read me better. I said that limits for drugs tend to get set well below the point where everyone on it is intoxicated. Then you go and say "oh yeah well Colorado sets weed limits at 5 ng/ml and it's not the level where everyone is intoxicated on it".

Do you not see where that doesn't rebut me at all, or are you over 5ng/ml sir?
I don't even have any idea what you're arguing for or against but I'm going to stop responding to you because you're responding to effort with no effort. After looking through your post history in this thread it seems like you just jump in where ever you can be contrarian.

(USER WAS PUT ON PROBATION FOR THIS POST)

MaxxBot
Oct 6, 2003

you could have clapped

you should have clapped!!

NathanScottPhillips posted:

First of all yes, because as has been pointed out before even Marinol says on the bottle you can drive safely while taking it.

Secondly, if after 24-48 hours the THC in chronic smokers' blood was 3.2 ng/ml, then I'd wager that after 10 hours they were probably over 5ng/ml. Maybe with more studies we'd find that even heavier smokers have over 5ng/ml after 24-48 hours.

What if you couldn't drive for 10 hours after you had a beer?

No one ever even gave this a proper response other than some lunatic who said he was ok with getting a DUI 10 hours after drinking a beer. It does seem like it would be possible for a chronic smoker to be above the 5ng/ml limit several hours or more after they stopped smoking, does anyone really think they would still be impaired at that point?

Personally I'm not really worried about this so much as long as the blood test is the only means they have to test for THC, but if they developed a field test for it I could see this becoming a major issue.

Inspector Hound
Jul 14, 2003

I think everyone is forgetting that part of a roadside test is also having someone walk in a straight line, demonstrate motor skills, and not seem hosed up. You can say "No way bro, I can drive after a blunt just fine" all you want, but if you can't walk in a straight line and follow a police officer's instructions, you shouldn't be driving. It doesn't involve chemical percentages in blood (which people can clearly object to), it determines how messed up someone is, regardless of how great a driver they are after five bong rips.

NathanScottPhillips
Jul 23, 2009

Inspector Hound posted:

I think everyone is forgetting that part of a roadside test is also having someone walk in a straight line, demonstrate motor skills, and not seem hosed up. You can say "No way bro, I can drive after a blunt just fine" all you want, but if you can't walk in a straight line and follow a police officer's instructions, you shouldn't be driving. It doesn't involve chemical percentages in blood (which people can clearly object to), it determines how messed up someone is, regardless of how great a driver they are after five bong rips.
No, the roadside test is not to determine sobriety. It is to collect evidence to be used against you in trial in the future. Do not consent to any subjective tests if you want to remain DUI free.

This is a long rear end video but somewhere in it a lawyer explains about Amendment 64 and DUIs:
https://www.youtube.com/watch?v=1Nc9HK6RYtE

800peepee51doodoo
Mar 1, 2001

Volute the swarth, trawl betwixt phonotic
Scoff the festune

size1one posted:

How does legalization change this? "I smell pot" is still the same as "I smell liquor on your breath". It can still be used as a pretense to get you out of the car, pat you down, and search your vehicle. Whether or not the search is legal doesn't really matter. The cop will claim ignorance and will never face any repercussions unless the incident goes horribly wrong and someone dies. Maybe not even then.

A little late to respond but, unless I'm mistaken, suspicion of driving impaired is not reasonable probable cause to search a vehicle. I'm almost certain you have to be under arrest to have your car searched in that circumstance. Googling around seems to confirm this but it is rather vague and may depend on the state. At any rate, it would still help keep cops out of your house and away from your person if they can't find something better than a phantom weed smell.

Cockmaster
Feb 24, 2002

Inspector Hound posted:

I think everyone is forgetting that part of a roadside test is also having someone walk in a straight line, demonstrate motor skills, and not seem hosed up. You can say "No way bro, I can drive after a blunt just fine" all you want, but if you can't walk in a straight line and follow a police officer's instructions, you shouldn't be driving. It doesn't involve chemical percentages in blood (which people can clearly object to), it determines how messed up someone is, regardless of how great a driver they are after five bong rips.

Plus, (at least in some states) you can indeed get in trouble for driving under the influence of prescription drugs which would compromise your driving ability (such as by causing drowsiness).

Red_Mage
Jul 23, 2007
I SHOULD BE FUCKING PERMABANNED BUT IN THE MEANTIME ASK ME ABOUT MY FAILED KICKSTARTER AND RUNNING OFF WITH THE MONEY

800peepee51doodoo posted:

A little late to respond but, unless I'm mistaken, suspicion of driving impaired is not reasonable probable cause to search a vehicle.

Yes basically this. The smell of weed was probable cause to search when having any weed on you was a crime. Now that it is not, it might be probable cause to give you a blood DUI test, but it means that they shouldn't be holding people while they bring out the dogs over that.

Inspector Hound posted:

I think everyone is forgetting that part of a roadside test is also having someone walk in a straight line, demonstrate motor skills, and not seem hosed up. You can say "No way bro, I can drive after a blunt just fine" all you want, but if you can't walk in a straight line and follow a police officer's instructions, you shouldn't be driving. It doesn't involve chemical percentages in blood (which people can clearly object to), it determines how messed up someone is, regardless of how great a driver they are after five bong rips.

The breathalyzer/blood test is a way to deal with the fact that the field sobriety test is subjective and thus open to abuse. It provides an objective standard of what is and isn't chemical impairment for the most common (now the two most common) recreational drugs that impair driving. The problem with objective tests for the idiots who are bent on insisting that people should be driving while blazed is that you need to draw a line somewhere.

Just like .08% is considered a decent line for alcohol, because most people will be impaired drivers at that point, the people who wrote & endorsed the law decided on 5ng, which looks pretty reasonable from the studies they used. Yes there are heavy users who retain active THC (which is again what the are testing for) and would be fine to drive on 5. There are also heavy drinkers that would be fine on .08 (and plenty of people are fine on .04 which is the limit for commercial drivers), but for most people its the impairment point, so it is what they use.

You can also fight a DUI in court in Washington. You take (and fail) the field sobriety test (you might not if you really are OK to drive, not every cop is out to get you), and you refuse the breathlyzer. The law is kind of lovely at this point because you license is suspended until your trial is resolved, but in court you can use things like a medical issue to explain why you didn't take the breathalyzer, and the state has to prove your driving was impaired.


In other less life endangering idiot news: the state liquor board has found a pretty big problem in 502's language. Basically the special exception that allows bars to serve alcohol in public wasn't written into the ban on marijuana use in public. They are taking public comments on this, so if you want weed bars in WA, you may want to file one.

WSLCB posted:

Board Opens Rulemaking to Address Consumption of Marijuana at Liquor Licensed Locations
Recent media reports show at least two licensees allowing consumption on the premises

OLYMPIA – The Washington State Liquor Control Board (WSLCB) today opened rulemaking to address consumption of marijuana in liquor licensed establishments.

Section 21 of Initiative 502 states: It is unlawful to open a package containing marijuana, useable marijuana, or a marijuana-infused product, or consume marijuana, useable marijuana, or a marijuana-infused product, in view of the general public. A person who violates this section is guilty of a Class 3 civil infraction under chapter 7.80 RCW.

A class 3 civil infraction equates to a $103 fine that would be imposed on the customer. However, the law does not address enforcement penalties for the licensee for allowing a prohibited practice, such as they do under state liquor laws.

Recent media reports showed at least two establishments that appear to be in violation of the new law. These licensed locations are allowing patrons to either smoke, vaporize or otherwise ingest marijuana on the premises.

“It is important that the Board clarify now that consuming marijuana in a state liquor-licensedestablishment is not acceptable,” said Board Chair Sharon Foster. “Public consumption of marijuana is clearly illegal under Washington’s new law.”

In addition to the prohibition on public consumption, the Board is concerned there may be public safety considerations for mixing alcohol and marijuana in liquor licensed locations such as over service and increased impaired driving.

Filing a CR 101, which formally opens the rule-making process, the Board will begin taking public input on the topic of consumption of marijuana at licensed locations. Details for providing public comment are on the Laws and Rules section of the WSLCB website at http://www.liq.wa.gov/laws/laws-and-rules

Inspector Hound
Jul 14, 2003

I understand that a lot of sober people can't say the alphabet backwards, and some people drive fine with 5ng in their blood. But that means the only way to convict is to get people stoned and put them on a closed course? I basically feel like there needs to be a line, and if you can drive over that safely, ok, just don't get pulled over or you'll face the same time as a drunk driver, maybe with provisions that enable a driver to prove they can drive stoned.

Inspector Hound fucked around with this message at 22:06 on Apr 3, 2013

Jeffrey of YOSPOS
Dec 22, 2005

GET LOSE, YOU CAN'T COMPARE WITH MY POWERS

Inspector Hound posted:

I understand that a lot of sober people can't say the alphabet backwards, and some people drive fine with 5ng in their blood. But that means the only way to convict is to get people stoned and put them on a closed course? I basically feel like there needs to be a line, and if you can drive over that safely, ok, just don't get pulled over or you'll face the same time as a drunk driver, maybe with provisions that enable a driver to prove they can drive stoned.

If you don't want to get a DUI, pick one of don't smoke weed, don't drive, don't be black. Works for me.

Red_Mage
Jul 23, 2007
I SHOULD BE FUCKING PERMABANNED BUT IN THE MEANTIME ASK ME ABOUT MY FAILED KICKSTARTER AND RUNNING OFF WITH THE MONEY

Inspector Hound posted:

I like this. I understand that a lot of sober people can't say the alphabet backwards, and some people drive fine with 5ng in their blood. But that means the only way to convict is to get people stoned and put them on a closed course?

Hah, if only. The thing is that (especially in Washington) a lot of traffic violations have the odds stacked solidly in favor of the state. In WA, a sworn statement of the officer in question can take the place of the officer showing up, which means no cross, for example. The State still has the burden of proof that you were driving impaired, but its going to come down to a police officer's notes against your word, and who seems more reliable to a Judge and Jury?

Now you genuinely might get off, or get a severely reduced penalty, if you are driving while impaired because of a medical condition or prescription medication (i.e. Marinol), or if you can prove some sort of misconduct (very hard but not impossible).

Jeffrey posted:

If you don't want to get a DUI, pick one of don't smoke weed, don't drive, don't be black. Works for me.

Actually DUI arrests are surprisingly not overrepresented in the black community the way that other crimes are. Pages 7 and 8. It doesn't mean the DWB stop isn't still an issue, but go figure.

Red_Mage fucked around with this message at 22:55 on Apr 3, 2013

wilfredmerriweathr
Jul 11, 2005
Yeah the whole "don't worry, you can fight it in court" thing is good in theory but I can't imagine a situation where it doesn't come down to the officer's word vs yours, and we all know how that turns out. Unless you've got a dash camera capturing your driving and that's still pretty flimsy when matched up to a sworn Officer of the Law (TM).

veedubfreak
Apr 2, 2005

by Smythe

Red_Mage posted:

Hah, if only. The thing is that (especially in Washington) a lot of traffic violations have the odds stacked solidly in favor of the state. In WA, a sworn statement of the officer in question can take the place of the officer showing up, which means no cross, for example. The State still has the burden of proof that you were driving impaired, but its going to come down to a police officer's notes against your word, and who seems more reliable to a Judge and Jury?

Now you genuinely might get off, or get a severely reduced penalty, if you are driving while impaired because of a medical condition or prescription medication (i.e. Marinol), or if you can prove some sort of misconduct (very hard but not impossible).

And this is what the whole thing comes down to. Basically you are guilty until proven innocent when it comes to traffic violations. And we all know that cops are never wrong or lie.

size1one
Jun 24, 2008

I don't want a nation just for me, I want a nation for everyone

800peepee51doodoo posted:

A little late to respond but, unless I'm mistaken, suspicion of driving impaired is not reasonable probable cause to search a vehicle. I'm almost certain you have to be under arrest to have your car searched in that circumstance. Googling around seems to confirm this but it is rather vague and may depend on the state. At any rate, it would still help keep cops out of your house and away from your person if they can't find something better than a phantom weed smell.

It an illegal search when cops lie about smelling weed too but that doesn't stop them. It's still near zero risk to fish for arrests this way when weed is legal. Even if there is more chance that people will get charges dropped, not all will. I don't see any reason the practice will stop.

Don't forget, it's still illegal to carry more than an ounce in WA (not sure about CO).

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Big Hubris
Mar 8, 2011


Install Gentoo posted:

Yes you deserve a DUI because you did a DUI. Hope you decided that getting a DUI really was cheaper then taking your prescribed medication in that case.

Is this a legalistic argument or are you really that much of a dick?

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