http://gaduiblog.com/2007/01/16/how-can-you-be-under-the-influence-of-drugs-when-you-arent/ A Guide for Everything Related to DUI in Georgia Mon, 08 Sep 2008 15:26:23 +0000 http://wordpress.org/?v=2.2.1 http://gaduiblog.com/2007/01/16/how-can-you-be-under-the-influence-of-drugs-when-you-arent/#comment-8884 Allen Trapp Wed, 28 Feb 2007 19:09:55 +0000 http://gaduiblog.com/2007/01/16/how-can-you-be-under-the-influence-of-drugs-when-you-arent/#comment-8884 This is in response to Chris van Meter. Mr. van Meter overlooks the fact that people are arrested every day for DUI - marijuana without any of the manifestations he assumes will be present. 1) Example: An officer claims he smells marijuana, asks for consent to search, finds some rolling papers, performs some field sobriety tests (which he claims the person failed and claims show impairment due to marijuana). That person is often arrested for DUI, and inactive metabolites from smoking days ago will be found in the urine. 2) A person is arrested for DUI-alcohol, but little or none is found in a blood test. That person's urine will be tested for drugs and metabolites. Bingo! A DUI-marijuana charge was just born. In Georgia the crime lab routinely tests for drugs when the blood alcohol concentration is under .08 grams. 3) An officer claims he smells marijuana (green or burnt), performs FST's and arrests the person. Then the inactive metabolite is found in the urine. I have one set for trial next week where the only FST performed was the walk and turn, and my client exhibited no clues. Therefore, Mr. van Meter's assumptions simply cannot withstand the realities of modern day DUI prosecution in America. This is in response to Chris van Meter. Mr. van Meter overlooks the fact that people are arrested every day for DUI - marijuana without any of the manifestations he assumes will be present.
1) Example: An officer claims he smells marijuana, asks for consent to search, finds some rolling papers, performs some field sobriety tests (which he claims the person failed and claims show impairment due to marijuana). That person is often arrested for DUI, and inactive metabolites from smoking days ago will be found in the urine.
2) A person is arrested for DUI-alcohol, but little or none is found in a blood test. That person’s urine will be tested for drugs and metabolites. Bingo! A DUI-marijuana charge was just born. In Georgia the crime lab routinely tests for drugs when the blood alcohol concentration is under .08 grams.
3) An officer claims he smells marijuana (green or burnt), performs FST’s and arrests the person. Then the inactive metabolite is found in the urine. I have one set for trial next week where the only FST performed was the walk and turn, and my client exhibited no clues.
Therefore, Mr. van Meter’s assumptions simply cannot withstand the realities of modern day DUI prosecution in America.

]]> http://gaduiblog.com/2007/01/16/how-can-you-be-under-the-influence-of-drugs-when-you-arent/#comment-7118 Chris Van Meter Sat, 17 Feb 2007 15:56:09 +0000 http://gaduiblog.com/2007/01/16/how-can-you-be-under-the-influence-of-drugs-when-you-arent/#comment-7118 Your comment about the fact someone could smoke a joint on Monday and then arrested on Friday for DUI. Come on man, I know you attorneys need to reach for stuff but that comment is so stupid. So you get stopped, no odor of marijuana, not physical manifestaions ie: redding of the conjuntiva, rebound dilation, raised taste buds, etc. then on the SFST's you would show no impairment, how and why would the officer arrest you for DUI??? Please, I am dying to here this one. Your comment about the fact someone could smoke a joint on Monday and then arrested on Friday for DUI. Come on man, I know you attorneys need to reach for stuff but that comment is so stupid. So you get stopped, no odor of marijuana, not physical manifestaions ie: redding of the conjuntiva, rebound dilation, raised taste buds, etc. then on the SFST’s you would show no impairment, how and why would the officer arrest you for DUI??? Please, I am dying to here this one.

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