Quote:I was just wondering as to the level to determine impairment. The breathalyzer has a determined level of intoxication (0.08 in FL. - how was that determined, anyway?) Who and how will the weed impairment level be set? Even if you have a mechanism to determine usage will that be all that's needed, or will you have to have exceeded a certain level of toking? 

 

I was  under the impression that this was a handheld device which would not be the same machine you agreed to use upon receiving your license. In other words, this machine (as far as I know) would only register the presence of marijuana on the breath, not the amount that is in his system. 

 

In Georgia, there is a DUI per se and a DUI -- Less Safe (encompasses marijuana-related DUIs). It doesn't require a certain quantity, only that a foreign substance has caused impairment and it shows in their driving. The device in the article would verify that the marijuana is on his breath and likely in his system too. The officers would still be required to verify their findings with field sobriety evaluations. Obviously, weed is a lot harder to quantify but it can be done. Like rj said, however, it wont be as accurate for those with higher tolerances. 

 

It probably wont change the criminal charge... you can still get a lesser version of DUI while under the influence of marijuana. It'll make THAT charge harder to fight. 

That's my guess at least.

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