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This Is How Breathalyzers Detect Weed
(Penalties and How Does It Work)

Breathalyzers used by police for alcohol-based driving offenses are currently unable to detect marijuana on a person’s breath. Thus, law enforcement officials must either perform field sobriety tests or obtain a blood sample to determine whether someone is under the influence of marijuana.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

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Can I Get a DUI for Driving While High on Marijuana?

Yes, you can. Driving while under the influence of any substance, including marijuana, is illegal and has serious legal ramifications. The consequences of driving high on weed are similar to the penalties for driving under the influence of alcohol.

What are the Penalties for a Marijuana DUI?

In most states, the penalties for operating a motor vehicle while under the influence of marijuana are the same as what would happen if you were guilty of drunk driving.

Penalties for a first-time DUI conviction involving marijuana or another substance typically include 96 hours in jail up to 6 months and a $390-$1,000 fine. You may have your driver’s license suspended and could be required to participate in a drug education class.

Related Article: Driver’s License Suspended?

How Does a Breathalyzer Work?

The alcohol vapor in a person's breath reacts with an orange solution called potassium dichromate. When alcohol is present, this solution turns green. This color change creates an electrical current, which the breathalyzer converts to determine the person's blood alcohol concentration or BAC.

What Can Confuse a Breathalyzer?

Reasons breathalyzer tests may give a false-positive reading include:

  • You took the test too quickly after drinking.
  • Officers did not calibrate the test correctly.
  • You ate certain foods.
  • You have certain medical conditions.

Read Also: How Does a Breathalyzer Work?

What is the Highest Score on a Breathalyzer?

After a car crash that resulted in serious injuries, a Polish man's BAC was taken and it was 1.480% or more than 18% of the legal limit in the United States. That's the highest BAC ever recorded in history. Doctors said he survived the accident due to drinking, but he later died due to his injuries from the car crash.

Also Read: Marijuana DUI Test

How Long Should You Wait to Drive After Getting High?

You should wait at least 8 hours after ingesting marijuana before driving, biking, or performing other safety-sensitive activities. If you've consumed alcohol as well, it's crucial to wait even longer.

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If you feel affected by any of these matters, contact our criminal defense attorney today.

Can You Smoke Weed with a Breathalyzer in Your Car?

Although a car breathalyzer interlock device cannot detect marijuana on your breath, it can detect the presence of smoke. Blowing smoke into the breathalyzer can lead to a lockout, fines, and other legal consequences.

Contact us today to speak to an experienced personal injury attorney to learn more about your legal rights.

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If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.