01-19-2019, 11:51 AM
"According to Hawaii Revised Statute 291E-61, a DUI does not only apply to alcohol but “while under the influence of any drug that impairs the person’s ability to operate the vehicle in a careful and prudent manner.” However, there is a standard definition of what constitutes breaking the law when drinking and driving – blood alcohol concentration (BAC) of .08 percent or more. When it comes to cannabis, the rules aren’t so clear and drug tests can be inaccurate.
Drug Test for Marijuana
If you are suspected of driving under the influence of drugs, you may be given a urine or a blood test to determine if anything is in your system. A urine test does not look for the presence of the primary psychoactive in cannabis, tetrahydrocannabinol (THC), but can only detect the version of THC that has been processed by your body called THC-carboxylic acid (COOH). Since everyone metabolizes THC differently, researchers found that THC-COOH can be found in urine anywhere from 5-77 days. This means that even if your urine tests positive for THC-COOH, it does not indicate you are high at that moment, only that marijuana previously entered your body. It could have been days, weeks, or even a couple months from the last time you used cannabis.
Blood testing is the best way to tell how much cannabis is in your system at the precise moment of the test. When you inhale marijuana, cannabis becomes detectable in your blood in seconds. Cannabinoids, the active compounds in the plant, are absorbed through the lungs and pumped through the heart, entering the bloodstream. Edible cannabis is processed by the liver before entering the bloodstream, so THC and THC-COOH take longer to show up in your blood and could be around longer. A blood test can detect very small traces of THC in your blood, but it can also tell the difference between THC and THC-COOH."
Since Hawaii has not established a limit for cannabis, impairment DUI charges would apply when marijuana (or other drugs) are involved. With an impairment DUI, the prosecution focuses on how drugs or alcohol affected the driver’s behavior and capability to drive safely. Testimony of the arresting officer and circumstances of the case, such as chemical tests, field sobriety test performance, driving patterns, and general appearance of the driver at the time of the arrest, will help a judge determine whether or not a driver should be convicted of an impairment DUI.
Drug Test for Marijuana
If you are suspected of driving under the influence of drugs, you may be given a urine or a blood test to determine if anything is in your system. A urine test does not look for the presence of the primary psychoactive in cannabis, tetrahydrocannabinol (THC), but can only detect the version of THC that has been processed by your body called THC-carboxylic acid (COOH). Since everyone metabolizes THC differently, researchers found that THC-COOH can be found in urine anywhere from 5-77 days. This means that even if your urine tests positive for THC-COOH, it does not indicate you are high at that moment, only that marijuana previously entered your body. It could have been days, weeks, or even a couple months from the last time you used cannabis.
Blood testing is the best way to tell how much cannabis is in your system at the precise moment of the test. When you inhale marijuana, cannabis becomes detectable in your blood in seconds. Cannabinoids, the active compounds in the plant, are absorbed through the lungs and pumped through the heart, entering the bloodstream. Edible cannabis is processed by the liver before entering the bloodstream, so THC and THC-COOH take longer to show up in your blood and could be around longer. A blood test can detect very small traces of THC in your blood, but it can also tell the difference between THC and THC-COOH."
Since Hawaii has not established a limit for cannabis, impairment DUI charges would apply when marijuana (or other drugs) are involved. With an impairment DUI, the prosecution focuses on how drugs or alcohol affected the driver’s behavior and capability to drive safely. Testimony of the arresting officer and circumstances of the case, such as chemical tests, field sobriety test performance, driving patterns, and general appearance of the driver at the time of the arrest, will help a judge determine whether or not a driver should be convicted of an impairment DUI.