Ultimate Guide: Why THC DUI Tests Fail vs Alcohol

THC DUI tests fail far more often than alcohol tests because there’s no scientifically reliable THC blood level that proves impairment at a specific time. THC can remain detectable for days or weeks after use, so test results don’t match driving impairment like a 0.08% BAC does. This article explains testing limits, common defenses, and what to do after a THC DUI arrest.

Ray Hrdlicka – Host – Attorneys.Media

“If I may ask that question. You said, it’s up to you to prove you’re not under the influence. How do you do that? When they do field sobriety tests, when they do blood or breath tests… how do you… is that the manner, the only manner that you…”

Regina Tsombanakis– DUI Attorney – Fort Lauderdale, FL

“Well, it’s different with alcohol, because alcohol is calculated differently, and alcohol does not stay in the system for a marked period of time. So the tests for alcohol are different than the test for narcotics, but cannabis marijuana, a lot of it which is legal now, that can stay up to two to three weeks in your system.”

Ray Hrdlicka – Host – Attorneys.Media

“Oh my God.”

Regina Tsombanakis– DUI Attorney – Fort Lauderdale, FL

“If you are stopped and you’d say, ‘hey, I didn’t do anything, I perfectly suppose I’ll take every test’, let’s say you say that. ‘Oh, well, it looks like you’re on cannabis sir’, and you will get arrested. and then they’ll be, ‘wait, wait, wait, I haven’t that I haven’t done that in weeks…months’. Everyone could tell from the levels it’s gotten now, where basically, you could tell it if you have higher concentration, or of lower concentration. But that doesn’t mean the government will do that test for you. They’ll just say, ‘oh, your bloodstream turned up cannabis’.”