Pubdate: Thu, 21 Nov 2013
Source: Westword (Denver, CO)
Copyright: 2013 Village Voice Media
Website: http://www.westword.com/
Details: http://www.mapinc.org/media/1616
Author: William Breathes

WHAT TO DO IF YOU GET PULLED OVER?

Dear Stoner: This summer I was charged with marijuana DUI after a
trooper stopped me for swerving on I-70 on the way to the mountains
(I was actually looking at my cell phone for directions). The officer
instructed me to do roadsides (which I passed with flying colors),
submit to an alcohol breathalyzer (which came back at 0.0), and
finally forced me to take a blood test after he was unsatisfied with
the results of the previous tests. My blood test results came back at
twice the legal limit, so I am petrified about what will happen and
not sure what I should do. I know you're not an attorney, but maybe
you know someone else who has been in this situation.

Scared

Dear Scared: We totally understand your very rational fear;
unfortunately, there's not much help we can offer at this point other
than to hope for a merciful judge who'll listen when you say that you
weren't impaired, but distracted and looking at your cell phone
(which is illegal in this state, but much less of a crime than THC
DUI). Or maybe that judge will pay attention when you argue that the
test really doesn't show impairment, anyway: Back in 2011, yours
truly was tested more than twelve hours after smoking herb, deemed
sober by a doctor and still tested at nearly three times the
five-nanogram limit. (You can read all about that in the Westword archives.)

But your situation got us thinking about what someone should do if a
cop pulls them over and suspects them of driving under the influence
of cannabis. So we put that question to an actual lawyer, Colorado
marijuana attorney Warren Edson, who shared his top five tips for what
to do if you're suspected of a THC DUI.

1. Pull over smoothly and have your information easily accessible so
there is no fumbling.

2. Roll your window down just enough to hear the officer and for him
to hear you - to limit odors - but remain courteous.

3. Exercise your right to opt out of voluntary roadsides, which are
not appropriate for THC, anyway.

4. Make no admissions or statements of any kind, including the fact
that you might have a red card.

5. Accept a blood test if retaining your driver's license is
important/refuse if losing your license is an acceptable risk and if
your nanogram count is likely going to be high (no pun intended).