Category Archives: marijuana

State v. Robison: Implied Consent & Pot DUI

Bellingham Defense Attorney, Blood Test, Drug Offenses, Due Process, DUI, Evidence, Implied Consent, Legislation, marijuana, Washington Court of Appeals, Whatcom County Criminal Defense, , ,

In State v. Robison,  the WA Court of Appeals Division I held that a BAC test requires suppression when the officer giving the breath to a driver suspected of marijuana DUI fails to provide that driver with Implied Consent warnings required by that statute.

On June 29, 2013, Washington State Patrol Trooper B.S. Hyatt stopped Darren J. Robison for traffic violations. Trooper Hyatt smelled intoxicants and marijuana. Trooper Hyatt asked how long it had been since Robison had smoked marijuana. Robison responded that it had been a couple of hours. Trooper Hyatt arrested Robison. At the Tulalip Police Department, officers read Robison an “Implied Consent Warning for Breath” form, which Robison stated he understood and signed.

The form included warnings only about alcohol and did not include any marijuana-related warnings. The two breath tests given Robison both produced results over the legal limit. The State charged Robison with DUI. Robison asked the district court to suppress evidence based on an illegal stop and to suppress the breath test because Robison did not receive all required implied consent warnings.

The district court denied the motion. It concluded that Trooper Hyatt had probable cause to stop Robison. The district court also took judicial notice that the breath test used cannot detect THC, and that its purpose was to determine the alcohol concentration in Robison’s breath. The district court decided that the implied consent warnings given accurately informed Robison of the consequences of the breath tests, which “were all the warnings that were legally required on the date of violation given the decision facing the defendant.” The district court found Robison guilty but stayed his sentence pending his appeal. Robison appealed to the superior court.

The superior court reversed the district court. It found that the marijuana-related warnings were a significant part of the required implied consent warnings and the failure to give these warnings under the circumstances made the warnings given incomplete and misleading. The superior court suppressed the test results and remanded the case to the district court for further proceedings consistent with its decision.

Ultimately, the WA Court of Appeals granted the State’s request for discretionary review of the superior court’s decision.

First, the Court of Appeals gave background on how police officers apply Washington’s Implied Consent Laws in DUI investigations. Before giving a breath test to a person reasonably believed to be driving under the influence, an officer must provide that person with certain warnings required by statute. Specifically, an officer must inform the driver of his right to refuse the test or to have additional tests done.

The Court reasoned that the officer’s warning must also state that refusal to take the test will result in license revocation, that the refusal may be used at a criminal trial, and that the driver may be eligible for an ignition interlock license. Pertinent to this case, the officer must also warn about the consequences of certain test results. This warning has changed several times in recent years.

The court further explained that in 2012, Washington voters enacted Initiative 502, which legalized some uses of marijuana. This initiative also amended Washington’s Implied Consent laws by adding a warning about marijuana test results.

In this case, Trooper Hyatt warned Robison about the consequences of test results showing an alcohol concentration in his breath. However, Trooper Hyatt failed to warn Robison of the consequences of test results showing a prohibited level of THC concentration in his blood. Consequently, the Court of Appeals reasoned that the BAC test was properly suppressed because of this omission.

Additionally, the Court rejected the State’s argument that (1) an arresting officer has discretion to edit implied consent warnings as he deems appropriate to the facts of a case, and (2) the officer’s incomplete warning was harmless. Here, Robison smelled of marijuana when arrested and admitted smoking marijuana to the arresting officer. “Under these circumstances, we cannot conclude beyond a reasonable doubt that Robison would have agreed to take the breath test had he received the THC warning.”

The Court of Appeals concluded that because the State cannot show that an officer gave Robison all the statutorily required warnings, it cannot establish the foundation required for admission of the breath tests given to him. “While cases have characterized this result as suppression, when the State cannot show that it complied with the implied consent statute, the State has failed to meet its burden of proof for admission of evidence it offers to prove guilt. The defendant does not have to show prejudice in this circumstance.”

With that, the Court of Appeals affirmed the superior court’s decision to suppress Robison’s BAC test.

My opinion? Good decision.  DUI investigations involving Implied Consent Warnings must keep up with today’s legislative amendments. The law is the law.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Harsher DUI Penalties Pass Washington House

Bellingham Defense Attorney, DUI, felony, Ignition Interlock Device, Legislation, marijuana, misdemeanor, Whatcom County Criminal Defense, , ,

Image result for washington house bill 2280 DUI

According to Q13 Fox News, a bill that would require harsher penalties for people convicted of felony-level offenses for driving under the influence of drugs or alcohol has unanimously passed the House.

House Bill 2280, approved Monday, would make a driver’s fourth DUI conviction within 10 years a Class B felony, rather than a Class C felony.

According to Mothers Against Drunk Drivers of Washington State, in 2015, 149 people died from crashes related to drunk driving. That makes up more than 34-percent of all traffic deaths in the state of Washington. And MADD says that 2015 number increased by more than four-percent from 2014.

The bill will now be considered by the Senate.

A Class C felony has a maximum of five years in prison, a $10,000 fine or both.

A Class B felony has a maximum of 10 years in prison, $20,000 fine or both.

A DUI is a gross misdemeanor in existing law.

A DUI for someone convicted of vehicular homicide or vehicular assault while intoxicated would also be a Class B felony under the bill.

Please contact my office if you, a friend or family member are charged with DUI. Hiring an effective and competent defense attorney is the first and best step toward justice.

Lower Legal Alcohol Limit?

Bellingham Defense Attorney, Boating Under the Influence, Deferred Prosecution, Department of Licensing, Drug Offenses, Drug Recognition Expert, Due Process, DUI, Evidence, Ignition Interlock Device, marijuana, misdemeanor, Studies, Terry Stop, Washington State Patrol, Whatcom County Criminal Defense, , ,

Image result for lower legal alcohol limit

The National Transportation Safety Board wants the nationwide legal limit of .08 cut almost in half to .05, in an effort to save more lives.

Oddly, Mothers Against Drunk Driving (MADD), the nation’s most prominent advocacy group against drunk driving, does not support the legislation. MADD says there’s not enough data to show it would make much of a difference.

“Until we know that and can compare that and have an intellectual conversation on that, we want to focus on what we know is effective,” said Jason Derscheid, the Executive Director of MADD North Texas.

The organization most recently helped pass an interlock ignition law in Texas, allowing DWI offenders to have a device installed on their car. MADD has found that the alternative, suspending an offender’s license, doesn’t prevent them from continuing to drink and drive.

It’s advocating for similar laws to be passed in all 50 states.

Despite its lack of support for lowering the legal limit, MADD says it does not condone any level of drinking of driving.

“The only safe way to get home is to have a non-drinking, designated driver,” said Derscheid.

Please contact my office if you, a friend or family member are charged with DUI or any other crimes. Hiring an effective and competent defense attorney is the first and best step toward justice.

 

Marijuana Legalization is Making Mexican Drug Cartels Poorer.

Bellingham Defense Attorney, Drug Offenses, marijuana, Uncategorized, Whatcom County Criminal Defense, , ,

Image result for marijuana leglization hurts drug cartels

a report from Deborah Bonello for the Los Angeles Times shows one way that legalization for recreational and medical purposes is working:

The loosening of marijuana laws across much of the United States has increased competition from growers north of the border, apparently enough to drive down prices paid to Mexican farmers. Small-scale growers here in the state of Sinaloa, one of the country’s biggest production areas, said that over the last four years the amount they receive per kilogram has fallen from $100 to $30.

The price decline appears to have led to reduced marijuana production in Mexico and a drop in trafficking to the U.S., according to officials on both sides of the border and available data.

This was welcome news. One of the major arguments for legal pot is that it will weaken drug cartels, cutting off a major source of revenue and inhibiting their ability to carry out violent acts — from mass murders to beheadings to extortion — around the world. And cannabis used to make up a significant chunk of cartels’ drug export revenue: as much as 20 to 30 percent, according to previous estimates from the Mexican Institute of Competitiveness (2012) and the RAND Corporation (2010).

Will this be enough to completely eliminate drug cartels? Certainly not. These groups deal in far more than pot, including extortion and other drugs like cocaine and heroin.

Still, it will hurt. As the numbers above suggest, marijuana used to be a big source of drug cartels’ revenue, and that’s slowly but surely going away. It’s still possible that legalization in America could produce downsides in the U.S., such as more cannabis abuse. But it’s a potentially huge win for Mexico and other Latin American countries.

Please contact my office if you, a friend or family member face Drug Charges or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Ignition Interlock Devices Are Cash Cows for States.

Bellingham Defense Attorney, DUI, Ignition Interlock Device, marijuana, misdemeanor, Technology, Whatcom County Criminal Defense, , ,

According to news released from the Blow & Drive Interlock Corporation (BDIC) The Alcohol Ignition Interlock Industry is experiencing tremendous growth as more and more states continue to pass laws requiring Ignition Interlock Devices for DUI/DWI offenders.

The Centers for Disease Control and Prevention (CDC) reports that requiring or highly incentivizing interlocks for all convicted drunken drivers reduces drunken driving recidivism by 67 percent. The CDC recommends ignition interlocks for everyone convicted of DWI, even for first offenders.

Mothers Against Drunk Driving (MADD) Continues to Push for Tougher DUI Laws. In 2006, there were only 100,000 interlocks installed in the United States. As of July 2013, there were nearly 305,000 interlocks in use.

NEW 2016 IGNITION INTERLOCK LAWS

Texas: Gov. Greg Abbott signed House Bill 2246 into law in June 2015, allowing those convicted of DWI with blood alcohol content less than 0.15 percent to be able to drive as long as they have an ignition interlock system installed in their car.

New Hampshire: After Jan. 1st 2016, anyone convicted in New Hampshire for a first offense of driving while intoxicated can petition a judge for a limited driver’s license that will allow them to drive to work, school or medical appointments, while their license is suspended, the new law comes with a host of restrictions – including installation of an alcohol-detecting automotive interlock device.

Illinois: New Ignition Interlock Law goes into effect January 1st, 2016, requiring anyone convicted of two or more DUIs to install a Breath Alcohol Ignition Interlock Device on their vehicles for 5 years.

South Carolina: Governor signed Emma’s Law, which requires all offenders, including first-time offenders, with a blood alcohol concentration (BAC) of .15 or greater mandated installation of an ignition interlock device.

Hawaii: New Law Requires Ignition Interlock Users to drive with a Hawaii ID Card. The new law, Act 40, goes into effect on Jan. 1, 2016

PENDING IGNITION INTERLOCK LEGISLATION

Federal: Legislation, called “Alisa’s Law”, would require all first time DUI offenders in all 50 states to have an ignition interlock device installed in their vehicle for up to 2 years

Pennsylvania: Senate unanimously approved Senate Bill 290, which would require all repeat convicted drunk drivers as well as first-time offenders with a blood-alcohol concentration of .10 or above to use the alcohol ignition interlock devices.

Oregon: House Bill 2660 Provides court discretion to order person participating in driving while under influence of intoxicants a diversion agreement to install an ignition interlock device if person submitted to chemical test of person’s breath, blood or urine and test disclosed blood alcohol content below 0.08 percent by weight.

Washington: House Bill 1276 includes many provisions to deal with impaired driving.

Ohio: Lawmakers introduced a bill, called Annie’s Law, calling for ignition interlocks to be installed on vehicles if the driver has been convicted two or more times for drunk driving.

Indiana: Lawmakers plan to discuss the problem of repeat drunk drivers this legislative session, including a bill that would improve the ignition interlock system in Indiana.

Wisconsin: Lawmakers have proposed closing a loophole in state law so people who are required to have an ignition interlock device in their vehicle would face criminal punishment if they get caught driving a vehicle without such a device

Massachusetts: State Senate proposed a bill that would give drunk drivers a chance to avoid a license suspension, requiring them instead to install an ignition interlock

Maryland: Governor Larry Hogan is trying to push through one of his latest initiatives, which would require drivers arrested on drunk-driving charges to install an ignition interlock device inside their vehicle.

MADD will continue to push for stricter DUI Laws, and they will continue to Ask More States to pass All-Offender Ignition Interlock Legislation in an effort to keep the roads safe for sober motorists. From only one state requiring interlocks in 2006 today twenty‐six states require or highly incentivize the use of ignition interlocks for every convicted offender and as a result they have reduced drunk driving deaths by 24% overall.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Court Reverses Pot Conviction

Bellingham Defense Attorney, Constitutional Rights, Deferred Prosecution, Drug Offenses, I-502, Legislation, marijuana, misdemeanor, Washington Court of Appeals, Whatcom County Criminal Defense, , ,

 

In State v. Rose, the WA Court of Appeals Division III decided to reverse Mr. Rose’s conviction for Possession of Marijuana because Washington’s general criminal prosecution saving statute does NOT permit a prosecution for less than 1 ounce of marijuana that was pending when Initiative 502 became effective.

On June 26, 2012, defendant Justin Rose was fishing on the Yakima River below the Roza Dam when he and his companions were approached by a Washington Fish and Wildlife agent interested in checking for their fishing licenses. The Fish and Wildlife agent noticed that Mr. Rose was smoking. Based on the agent’s training and experience, he believed Mr. Rose was smoking marijuana from a bong. When the agent told Mr. Rose what he had seen, Mr. Rose admitted he had been smoking marijuana and handed over the bong, which contained some marijuana, to the agent. Mr. Rose was over age 21 at the time. He was charged with one violation of RCW 69.50.4014 (possession of less than 40 grams of marijuana) and one violation of former RCW 69.50.412(1) (2002) (use of drug paraphernalia).

In October 2012, Mr. Rose entered into a deferred prosecution agreement with the State, staying the prosecution. For those who don’t know, a deferred prosecution is an agreement between someone who is charged with a crime and the State Attorney’s Office. This agreement will require that within a specified period of time, the person charged with a crime will complete all requirements in the agreement. The State agreed that if Mr. Rose complied with the conditions. identified in the agreement for one year, it would move to dismiss both charges. The conditions imposed on Mr. Rose included performing community service, paying a fee and costs, obtaining an alcohol and drug evaluation, and fully complying with any recommendation of alcohol or drug treatment or other services resulting from the evaluation.

Initiative 502 came into effect while Mr. Rose’s case was pending. The law unconditionally decriminalized possession of less than one ounce of marijuana by persons 21 and over, and did remove marijuana paraphernalia from the unlawful categories of paraphernalia.

Unfortunately, Mr. Rose  violated the conditions of his deferral agreement by failing to enter into an intensive outpatient treatment program. The district court revoked the agreement, proceeded to a bench trial, and found Mr. Rose guilty of both counts.

Before sentencing, Mr. Rose moved to dismiss the charges based on the decriminalization of his offenses by I-502. The district court denied Mr. Rose’s motion. It recognized that RCW 10.01.040 – which provides that offenders are prosecuted under the laws in effect at the time of their offenses – does not apply if intervening legislation conveys a contrary intent. It sentenced Mr. Rose to 180 days confinement. Mr. Rose appealed to the Superior Court, which upheld his convictions. In response, he successfully appealed his case to the WA Court of Appeals.

The WA Court of Appeals reversed Mr. Rose’s convictions. It acknowledged that  although the common law provides that pending cases be decided according to the law in effect at the time of the decision, the Washington legislature adopted a criminal prosecution saving statute, now codified at RCW 10.01.040, whose saving clause “presumptively ‘save[s]’ all offenses already committed and all penalties or forfeitures already incurred from the effects of amendment or repeal,” requiring that they be prosecuted under the law in effect at the time they were committed “unless,” as the statute provides, “a contrary intention is expressly declared in the amendatory or repealing act.”

Here, the WA Court of Appeals sought to reconcile these countervailing laws.

The Court reasoned that in this case – and unlike actual laws written legislatures – we are dealing with an initiative to the legislature:

“While standard rules of statutory construction apply, our concern is with the intent of the voters. The issue is whether an intent by the voters to apply its decriminalization provisions to stop pending prosecutions is fairly conveyed by the initiative.”

The Court further reasoned that we look at the language of 1-502 from the perspective of the average informed lay voter rather than from the perspective of the legislature. It acknowledged that average lay voters presented with an initiative that they are told will stop treating adult marijuana use as a crime are more likely to make the assumption that prosecution will be stopped on the effective date. Consequently, and in these rare cases where legislation includes additional language that conveys disapproval or concern about continued prosecution, the Court felt compelled to respect the intent of the voters.

My opinion? Good decision. Washington General Criminal Prosecution Saving Statute should not allow prosecutors to enforce archaic laws which were ultimately killed by the will of the voters. Period. Kudos to Division III.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

U.S. Supreme Court to Update DUI Procedures

Bellingham Defense Attorney, Constitutional Rights, Drug Offenses, Drug Recognition Expert, Due Process, DUI, Evidence, law enforcement, marijuana, misdemeanor, police, Search and Seizure, Search Warrant, Whatcom County Criminal Defense, , ,


The US Supreme Court plans to update the rules for prosecuting individuals accused of drunk driving by reviewing a trio of cases dealing with “Refusal” statutes.

In North Dakota, a state law makes it a crime for a motorist to refuse to take “any” type of test — blood, alcohol or urine — used to prosecute driving under the influence (DUI) cases. The court will decide the constitutionality of this provision in the context of two cases, Birchfield v. North Dakota and Beylund v. North Dakota, each of which presents the same question from a slightly different angle.

In Beylund, motorist Steve Michael Beylund agreed to take a blood test after being threatened with criminal penalties if he refused. In Birchfield, motorist Danny Birchfield refused to take a breath test. The highest court in North Dakota reviewed the existing legal precedent and found no reason to overturn the refusal law.

The drunk-driving cases provide the Court with something of a sequel to its ruling in 2013 in Missouri v. McNeely, which left the clear impression that, if police have enough time, they should get a warrant before taking a test of a suspected drunk driver.  The Court ruled that the natural dissipation of alcohol in the bloodstream does not always amount to an emergency situation that permits a DUI test without a warrant.

The North Dakota justices wrote, “Birchfield has not drawn our attention to any appellate court decisions striking down criminal refusal statutes, and we have found that since the U.S. Supreme Court’s ruling in McNeely, criminal refusal statutes have continued to withstand Fourth Amendment challenges, particularly in Minnesota.”

Last month, however, in Hawaii v. Won, the Hawaii Supreme Court cited the US Supreme Court’s reasoning in finding refusal statutes as unconstitutional. In light of McNeely, Hawaii’s justices decided the US Supreme Court had clearly ordered law enforcement to obtain a warrant before compelling a “search” of a person’s blood, as the Fourth Amendment requires.

The US Supreme Court will tackle the different rulings from these States in the context of a third case, Bernard v. Minnesota, which deals with that state’s law treating a breath test as a “search incident to arrest.” Here, William Robert Bernard Jr used his truck to pull a boat out of the water. Officers believed he was DUI. After Bernard was arrested, he refused a breath test.

At any rate, the U.S. Supreme Court will soon decide whether criminalized refusal statutes represent a DUI exception to the Constitution.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Police Roll Out Mobile DUI Processing Vehicle

Bellingham Defense Attorney, Drug Recognition Expert, Due Process, DUI, Evidence, law enforcement, marijuana, police, Whatcom County Criminal Defense, , ,

They took this show on the road.

Law enforcement officials in Rhode Island are rolling out a new tool to combat drunk driving over the holidays.

Providence and state police officials unveiled Friday a new Blood Alcohol Testing Mobile Unit, which will allow officers to process drunk drivers on the scene rather than bringing them back to the police station.

The 40 foot long, approximately $350,000 vehicle is equipped with four computer work stations, two breathalyzer stations, a portable fingerprint and booking station and internal surveillance cameras.

Police say having two breathalyzer stations is a luxury not present in most police stations.

The vehicle was purchased using a federal grant awarded to Providence police and is expected to be deployed on weekends, holidays and special events across the state starting this weekend.

My opinion? These “vehicles” are not worth the money. It doesn’t take long for officers to simply transport DUI suspects back to the jail for DUI processing. The amount of times this is used versus the amount of time it would take those cases to go back to the station, I just can’t see justifying the savings. Also, will the breathalyzer (BAC) machines on these mobile units be maintained and tested similar to the BAC machines at jails? Too many questions, too much expense.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Marijuana DUI Is Hard To Detect

Bellingham Defense Attorney, Drug Offenses, Drug Recognition Expert, DUI, marijuana, Studies, Whatcom County Criminal Defense, , ,

New marijuana laws could soon change how police conduct roadside checks.

The Canadian CBC News reported in a recent article that Washington State Patrol Chief John Batiste admitted that cracking down on marijuana users who drive while stoned is proving tricky for the state.

“We’re still learning, it’s ongoing,” he said.

Canadian courts have found drug impairment tests untrustworthy and a poor indicator of impairment. That’s why out of 50,000 charges laid each year for drunk driving in Canada, fewer than 1,000 are for drug impairments.

The news article reported that Batiste says while Washington state legalized marijuana nearly a year and a half ago, they have recently seen an increase in the number of people getting behind the wheel while high.

“We are addressing that through a variety of ways: through information sharing and teaching our troopers on how to better detect it,” said Batiste.

The key to Washington state’s enforcement is a 2013 DUI law that limits the amount of active THC — the element of pot that makes you high — in a driver’s blood. The state has set a maximum of five nanograms per milliliter of blood, which state officials believe is the equivalent of a blood alcohol level of .08. A similar law is also in place in Colorado, which also legalized marijuana use in 2013. To enforce it officers need to order a blood test, which can be very controversial.

The states have trained officers to look for signs of marijuana use on the road; distracted driving, light body tremors, different sized pupils, impaired motor skills and the smell of marijuana in the vehicle.

However, research has shown measuring impairment based on THC levels is not clear cut. That’s because unlike alcohol, people metabolize THC at different rates, so impairment can vary widely from person to person making it hard to determine if a person is impaired solely based on THC levels.

In addition, these tests have been challenged in courts, where people have claimed to have smoked days before their blood test registered the presence of THC.

542705085

 

One researcher has found most heavy marijuana users would be below the five-nanogram level within hours of last consuming the drug, and virtually all users would be below the mark after 24 hours. But the research also found signs of impairment in heavy, chronic, daily users were still observable after three weeks of abstinence.

Batiste says Washington is also looking for technology like breathalyzers that could detect if someone is high, but so far, there’s no hand-held device that police can use to measure the amount a suspected driver has consumed or determine impairment.

Please contact my office if you, a friend or family member are charged with Drug DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Study: Youth Tolerance Of Marijuana May Increase Chances of DUI

Bellingham Defense Attorney, Blood Test, Boating Under the Influence, Constitutional Rights, Drug Offenses, Drug Recognition Expert, Due Process, DUI, Evidence, Forensics, law enforcement, marijuana, Studies, Whatcom County Criminal Defense, , ,

Study offers support for the notion of e-cigarettes as a gateway drug

A new study from the journal Pediatrics suggests ways to reduce the risk that children will drive under the influence of alcohol or drugs as teenagers.

The study found that 12-year-old children who believed marijuana could help them relax or was otherwise beneficial were more likely to drive under the influence when they were 16. The study also showed these minors were also significantly more likely to ride with someone else who was buzzed, drunk or high behind the wheel.

“Youth view marijuana use as less dangerous than drinking,” the study authors wrote. “We must begin to address how changing views of marijuana might increase risk for not only marijuana use, but other behaviors.”

Driving under the influence is common among American teenagers. The Centers for Disease Control and Prevention estimates that 10% of high school students do so in any given month, and more than 20% have been passengers of someone driving under the influence.

So researchers from Rand Corp. in Santa Monica and Arlington, Va., went looking for risk factors in middle school that could predict these dangerous behaviors in high school. They turned to data from a substance use prevention program called CHOICE that was tested in 16 middle schools in greater Los Angeles.

The Rand researchers focused on 1,124 students who completed detailed surveys in 2009 (when their average age was 12.2 years old), 2011 (when their average age was 14.3) and 2013 (when their average age was 16.3 and 88% were eligible to drive in California). The majority of these students (57%) were girls, and half were Latino.

Using statistical models to control for the students’ age, gender, race and ethnicity, school and whether their mothers had graduated from high school, the researchers identified several factors that seemed to predict unsafe driving at age 16.

According to the study, those who held more tolerant ideas about marijuana when they were 12 (in sixth or seventh grade) were 63% more likely than their peers to admit either driving under the influence themselves or to ride with someone who was under the influence

Additionally, 12-year-olds who felt most confident that they could resist marijuana use wound up being 89% more likely to mix alcohol and drugs with cars, motorcycles or other vehicles. This finding surprised the researchers, they wrote.

By the time the students were 14, some of the risk factors had changed. Those who said they had used alcohol in the last month were more than twice as likely as their peers to drive under the influence or ride with an intoxicated driver two years later.

Also, those whose friends used marijuana were 2.4 times more likely to be involved in unsafe driving later, and those whose family members used marijuana were 54% more likely to do the same.

And positive beliefs about marijuana still mattered — 14-year-olds who had them were still 67% more likely to mix alcohol, drugs and motor vehicles at age 16.

The researchers noted that marijuana has taken on a benign image among middle schoolers “as medical and recreational marijuana legalization increases in our country, adolescents are becoming more accepting of marijuana use,” they wrote. “This highlights the need to address these types of beliefs as early as sixth grade.”

My opinion? If these studies are accurate, they merely reveal our need to EDUCATE our youth about drugs, alcohol and vehicles. In short, DRUGS/ALCOHOL AND VEHICLES DON’T MIX. It doesn’t matter what type of drug you’re taking; whether it be prescription, medical marijuana or street drugs. Don’t do drugs and drive. And it doesn’t matter what type of alcohol you’re drinking. Don’t drink and drive.  If your doctor informs you that taking your prescription medication may affect your ability to operate a motor vehicle, then please think twice about operating a motor vehicle.

I’ve assisted many clients facing DUI charges of varying degrees. However, studies like this show that society is becoming less tolerant and sympathetic toward individuals charged with DUI. It takes a very competent and experienced defense attorney to reveal the science, forensics and idiosyncrasies of DUI litigation in today’s anti-drug climate.

Please contact my office if you, a friend or family member are charged with DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.