Attorney Kirk Tarman Explains The Reality Of Marijuana DUI Laws

Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA

“Because again, you look at why the marijuana DUI’s are so complicated, is they don’t have that bright line rule. And in fact, NHTSA has done some studies which show that people who are impaired are better drivers when they’re under the influence of marijuana, more cautious, driving, slower, etc.

So they’re going to have a very difficult time with marijuana DUI’s without this bright line rule. And compared to the alcohol DUI’s, which they do have, a bright line rule, 0.08, you’re done. You can prove that. So, because you look at a guy who smoke’s pot every day, and then, you know, after ten years, he gets picked up, he’s got ten nanograms per milliliter in his blood, and he’s like, I spoked pot yesterday. I need ten joints to get high. You know, while the guy, an eighteen-year-old, who just happened to smoke a little bit, takes a little puff and he’s high, and he’s not supposed to be driving.

So again, I think it’s, really, just it’s for the government to simplify the prosecution of these individuals. And that’s what it comes down to, there’s no science to it. It’s all based upon, some…ease of prosecution. Which doesn’t have anything based in the real world.”