The dangers of driving while impaired are well-established, and the laws across New York and the United States make it a crime to drive with a blood alcohol concentration (BAC) of .08 or higher. When it comes to impaired driving after using marijuana, however, there is not nearly as much consensus.
Drugged driving has become an increasing concern in recent years as marijuana has been legalized for medicinal use, and even for recreational use in some parts of the country. The New York Times reports lawmaker are now grappling with complex questions of how drivers should be treated after using marijuana and of how much cannabis is too much cannabis before getting behind the wheel.
As the law evolves on this issue, it is important for car accident victims to understand what happens if they get into a car crash with a driver who is drugged. New York City injury attorneys can provide assistance to victims in pursuing a claim for compensation by showing the motorist who hurt them was so impaired that the crash was his fault. Call an attorney as soon as possible when a drugged driving crash happens to begin building a damage claim.
Lawmakers Grapple with Marijuana and Drugged Driving Laws
According to the New York Times, lawmakers are having difficulty setting laws for drugged driving because of a lack of an objective measurement for when marijuana use affects the ability to drive.
In six states, lawmakers have set drugged driving laws which criminalize levels of THC in the blood which are above a certain amount. This decision was guided by the .08 percent blood alcohol concentration rule for drunk drivers. However, a study commissioned by AAA Foundation for Traffic Safety Found that this type of limit on THC levels is not supported by science and that there’s no specific concentration of THC in the blood which would reliably predict when someone is impaired by marijuana.
The reason measuring THC levels doesn’t work but measuring alcohol levels works is because THC and cannabis are absorbed by the body in different ways. Impairment due to marijuana use occurs when THC makes its way into fatty tissues within the brain, and people who use marijuana on a regular basis may not actually have any signs of impairment at all when using the drug.
Further, marijuana can remain in the blood stream for hours or for weeks after the actual effects wear off, even when a person is not being affected by marijuana at all. As a result, the level of THC in someone’s blood may have no predictive value on impairment, whereas the level of alcohol in the bloodstream has a direct impact on a person’s abilities.
A lack of objective measures for drugged driving not only makes it hard for lawmakers to prohibit this dangerous behavior, but it can also make it more challenging for victims hurt by impaired drivers to prove the drugged driver was at fault for causing a crash. Rosenberg, Minc, Falkoff & Wolff is ready to help the victims of drugged driving accidents who are interested in making injury claims and holding a drugged driver accountable. Call us today.
