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How much THC would have to be in a persons blood system to be considered a DUI?
Even though a cop can smell the odor of pot smoke and doesn't find any pot in a vehicle doesn't mean that your driving is automatically impaired.
If you pass the road side test then they have to let you go just like they would if they suspected of someone drinking and passes the road side test?
Taking blood and getting the results back would take sometime compared to drinking and blowing a breathalyzer test to get immediate results.
How long do suspected drivers under the influence of a controlled substance have to wait for cops to get the blood test back and how much THC would be a DUI
16 Answers
- trooper3316Lv 71 decade agoFavorite Answer
In Wisconsin, any measurable amount is illegal. The penalty is the same as if you alcohol is over .08
346.63(1)(am)
No person may drive or operate a motor vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood.
It takes about a week to get the alcohol test back, and about 8-10 weeks to do a comprehensive drug check.
Source(s): 17 years law enforcement - 1 decade ago
This is an interesting question. I for one, think its stupid to give a DUI for marijuana in the system, since it shows up in the blood for so long, its impossible to use that to say somebody is driving under the influence. It's possible that the person smoked pot 2 weeks ago, and its still in their system, so they get a DUI, and that's ridiculous.
I'm lucky to live in a state that has a realistic view towards marijuana [CA], but I believe in decriminalization ultimately...that's a whole 'nother discussion though...
The amount is really going to vary by state. Here is a link to NORML.ORG, where they detail the DUI law for marijuana by state.
- 1 decade ago
Well number one, taking blood to see the amount of alcohol in your system is okay because it will tell them an amount at that time. You could of smoked pot three days ago and had your blood taken on that fourth day and it still can say it is in your system. Number two, you can not get a DUI for THC in your system, and if your state is doing that, that is insane! If it was NOT found in the vehicle than nothing should of happened, you should of been able to drive away. GET A LAWYER.
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- FitzLv 41 decade ago
Well a smell alone they cant do anything, but seeds, or smoke they can. They make suckers that taste like pot, and as long as you pass the test, you are good to go, and sometimes they may consider you by your pupil dialation.
- Anonymous1 decade ago
i think they hold you for suspicion on DUI and then you take a urine test at the police station. if you refuse the urine test, then they do a blood test. police officers can put you in custody for any suspicion of anything especially when your driving.
- Anonymous1 decade ago
any THC is a DUI, but if you pass the tests they wont take your blood.
- 1 decade ago
they have to prove that u have smoked it that day which is not possible with a blood test..............just deny ever smoking it and tell them u were at a party 3 nights ago and u smelt some hash in the room (passive smoking )
- HMUSNLv 51 decade ago
any thc would be considered a dui. unlike alcohol,tch is completely illegal and post blood test you would be charged.
- 1 decade ago
depends on the laws in that State/County...
I am not sure if there is a test for it or if it is the Police Officer's Desecration.