In Michigan, driving under the influence of marijuana can lead to a charge of Operating While Impaired (OWI), much like a DUI for alcohol. As marijuana use becomes more accepted and legalized for medical or recreational purposes, law enforcement faces increasing challenges in assessing impairment levels accurately. Unlike alcohol, there is no standardized measure like the blood alcohol concentration (BAC) limit to determine marijuana impairment.
However, new breathalyzer technologies may soon provide a solution for law enforcement officers. These marijuana breathalyzers could revolutionize how marijuana impairment is tested, but their reliability and legal implications are still being explored.
The Development of Marijuana Breathalyzers
Several companies are working on developing a marijuana breathalyzer that could detect recent cannabis use and provide law enforcement with a way to assess impairment levels. One company, based in Vancouver, is expected to be the first to bring this technology to market. While a specific release date hasn’t been set, prototypes of the marijuana breathalyzer are already undergoing testing.
Other companies and research institutions, including a Washington State University professor and a Colorado company, are also working on the technology. The development of this device is critical as it could soon become a common tool for police during roadside stops.
Potential Impact on OWI Defense
Once marijuana breathalyzers are introduced, OWI defense strategies will need to account for the possibility of breath test results showing that a driver has consumed cannabis. These results may become critical in determining impairment levels and could impact the outcome of an OWI case.
However, there are several important factors to consider regarding the reliability of these tests:
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Cost of the Technology: Initial costs for the marijuana breathalyzer are expected to be between $2,500 and $3,500 per unit, which could limit their availability to police departments.
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Accuracy and Reliability: For a marijuana breathalyzer to be used in court, it must be proven to be both reliable and accurate enough to justify legal action. The technology must meet stringent standards before it can be admitted as evidence in OWI cases.
Legal and Scientific Challenges
Courts are generally cautious when it comes to accepting new scientific technologies. Legal systems are wary of incorporating novel scientific evidence without rigorous testing to ensure its validity.
In the past, cases like Frye v. United States (1923) and Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) set precedents for determining whether new evidence could be admitted in court. Under Frye, evidence was only accepted if it was widely accepted by the scientific community. However, Daubert shifted this standard, allowing courts to accept new scientific evidence if it helps clarify the facts of a case.
In practice, this means that marijuana breathalyzer test results will need to meet high standards of scientific scrutiny before being used in OWI cases. The court will need to determine whether the technology and its methodology are accepted by the relevant scientific community and if the data can truly support claims of impairment.
What This Means for OWI Cases
As marijuana breathalyzers become a more common tool for law enforcement, it’s crucial to understand how these devices may affect OWI defense strategies in Michigan. Since the breathalyzer technology is still evolving, defense attorneys may challenge its reliability and whether it meets legal standards.
For anyone facing marijuana-related OWI charges, it’s important to work with an experienced criminal defense attorney who understands the nuances of new testing technologies and how they might impact your case.
Conclusion
The development of marijuana breathalyzers marks a significant shift in how impaired driving is assessed, particularly for those under the influence of cannabis. As the technology becomes more widespread, OWI defense strategies will need to evolve. With ongoing debates about its scientific reliability and legal admissibility, it’s essential to have skilled legal representation when facing marijuana-related charges in Michigan.
If you’ve been arrested for an OWI in Michigan, contact a trusted criminal defense attorney to ensure your rights are protected and to evaluate how new technologies like marijuana breathalyzers could affect your case.