Although in every case involving alcohol and DUI, the code section 23152(b) comes into play, dealing specifically with a BAC over .08%. However, when an officer has reason to believe that a driver may be under the influence of marijuana, the question is no longer what your BAC is, but whether or not you are driving while “impaired.”23152(a) deals specifically with whether you are driving with the same care and caution as a reasonable sober driver under the same road conditions.
The indicators for alcohol intoxication are much different that those of drug intoxication, which often poses a problem. The officer making the arrest is often not qualified and/or not trained to identify drug symptomology. If this is the case, the defense has the power to stop the officer from testifying. However, an increasing number of cases are calling another officer who has this skill to examine the individual in question. Also known as a drug recognition expert
, or DRE, this officer is trained specifically to identify the symptoms of numerous drugs. A qualified DRE can testify with the symptoms of the drugs, and the resulting impairments.
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