HOW POLICE OFFICERS DETERMINE IMPAIRMENT IN DUI CASES

Q: I have a question about DUIs. I know a person can have a drink or
two and, if not impaired, he will not get a DUI for driving. I also
know a person can take prescription medications, and even though
pharmaceutical companies warn to use caution while driving, a person
won't be arrested unless his driving skills are impaired. But what
about marijuana? Will someone get a DUI for having used it, even if he
is not impaired? How is impairment determined?

A: The purpose of an officer having a suspected impaired driver
perform a series of field sobriety tests is to help the officer
determine a person's physical and mental impairment as it pertains to
his ability to safely operate a motor vehicle.

The objective systems of intoxication, be it from alcohol and or
drugs, are displayed in various forms, such as red, bloodshot, glassy,
watery eyes, slurred speech, general unawareness of one's location,
time, date. Other tips are the ability to remove your license from
your purse or wallet, inability to stand still in one location without
stepping to regain your balance. These are just a few of the many
things an officer becomes aware of just by having a brief discussion
with a suspected impaired driver.

The actual field sobriety test such as walking a straight line heel to
toe, touching the tip of your nose with a finger tip, balancing on one
foot, are once again just a way to record a person's ability to
perform what under normal conditions are simple tasks.

I realize that many folks are very nervous during these tests and some
are just plain uncoordinated. What about the person who only has one
leg or suffers from some debilitating condition and has a neurological
condition? That is the whole purpose of the various questions and
tests, so that an officer can establish whether your inability to
drive safely is from alcohol, drugs or something other than that.

Back to your original question, what about marijuana? If a person has
been smoking marijuana, yet he is not impaired based on what the
officer has determined through some or all of the aforementioned field
sobriety test, then why would he be arrested?

If there is marijuana in the vehicle or on his person and he is not
lawfully allowed to possess it, he may be cited, but as far as being
arrested for driving while under the influence, I don't see it.

When an individual has a medical prescription, along with it comes the
responsibility of knowing what all of the possible effects that taking
this medication can cause.

For the most part, when you are taking some type of medication to help
relieve pain, chances are that it is going to affect many things in
your body. Many of those same things are necessary for you to safely
operate a motor vehicle, hence the warning on many medication
containers about not mixing with alcohol, not operating heavy
equipment (a car is a heavy piece of equipment), may cause drowsiness,
etc. I haven't been around a lot of medical marijuana containers, but
I'm thinking that you're smoking it for a reason and that alone would
be reason not to be operating a motor vehicle, but then again that's
just me.

The bottom line is that if you are self medicating and for some reason
you believe that it is necessary for you to operate a motor vehicle,
please, please, please, take just an extra moment and realize that
although you might feel perfectly all right at that very moment,
things change, and it would be far wiser to have a designated driver
or make other arrangements so that you do not go out and end your or
someone else's ability to enjoy the ride.