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Cannabis and DUI in Idaho

On Behalf of | Jul 3, 2024 | DUI and Traffic

You probably already know that if you are pulled over on suspicion of drunk driving, Idaho police can test your blood alcohol concentration, or BAC. Police typically do this themselves at traffic stops using an electronic breath test device. In some cases, police may take a suspect to another location for a blood or urine test, methods that are more scientifically accurate.

If a test shows that your BAC is 0.08% or higher, you are considered legally intoxicated. This so-called legal limit is even lower for some drivers: For drivers of commercial vehicles, it’s 0.04%. Drivers under age 21 are considered intoxicated with a BAC of just 0.02%.

A BAC test isn’t the only evidence prosecutors can use against you, but it is considered persuasive evidence, and it can be difficult to counter it in court.

Cannabis DUI

Idaho’s DUI laws aren’t directed only at drivers who are under the influence of alcohol; you can face the same charges if you are intoxicated from other drugs, including cannabis.

Is there a way for police to test cannabis intoxication? Is there a so-called legal limit for cannabis?

This subject is more complicated than many people realize.

First, not that, so far, Idaho has not joined the increasing number states that have legalized cannabis. The drug remains illegal under Idaho law for both medical and recreational purposes. This means, of course, that if you are found with cannabis during a traffic stop when you’re in your car, you can end up charged with drug possession, and potentially even more serious drug charges.

On top of that, there is no legal limit for cannabis intoxication for Idaho drivers. Technically, a driver can be convicted of DUI if they have any cannabis in their system. So long as the police

But how do police determine the presence of cannabis in a driver’s bloodstream?

Cannabis tests

Police and prosecutors have struggled with these questions even in states where cannabis is legal. Some states have allowed their police to administer cannabis tests at traffic stops using an oral swab device. Others rely on the method of bringing a suspect to another location for a blood or urine test.

Ultimately, it’s important to remember that alcohol or cannabis tests can be important evidence, but they aren’t the only evidence available. If an arresting officer smells cannabis smoke on a driver’s breath, they can make note of this, and the evidence can be used against the driver.