Don't smoke and drive in Colorado

Lain A. Lawrence
Sep 16, 2015
2 min read

Have you ever wondered what field sobriety test law enforcement cops use for suspects believed to be under the influence of marijuana? The answer is the same standard field sobriety test used for suspected believed to be drunk. Is this sufficient, I would say no.

Perhaps the most reliable of the field sobriety test, the horizontal gaze nystagmus test looks for involuntary jerking of the eyes as a subject follows an object from left to right. Officers will observe the subjects eyes to determine whether the eyes are tracking the object smoothly, nystagmus occurs in the eye before the eye reaches 45 degrees from center, and whether the nystagmus is distinct once the eye reaches maximum deviation for a few seconds. There are three clues for each eye, or a total of six clues. An individuals who exhibits four or more clues is considered intoxicated.

Marijuana, however, is vastly different from alcohol, and nystagmus will not be present for subjects who only consumed marijuana. The National Highway Traffic Safety Administration reported these findings on its website, link below. It is important to remember the NHTSA funded, studied, and developed the standard field sobriety test.

The standard field sobriety test consists of three test, and the research shows one portion of that test will not be applicable. The other two portions are even more troubling given the different affects marijuana has on individuals.

You are not legally required to submit to a standard filed sobriety test and you should always refuse. However, if you have a marijuana only field sobriety test, and the officer indicated nystagmus being present contact a criminal defense attorney to discuss your case. If you or a loved one needs any more information concerning driving under the influence, please do not hesitate to call the Cervantes Law Firm at 303.955.1154, Aurora, Colorado

http://www.nhtsa.gov/…/in…/research/job185drugs/cannabis.htm