I recognize some ethnic groups have different experiences. But in my experience, FL has always had a pretty lax attitude towards smoking weed. Me and my friends smoked everywhere. Beaches, parks, parking lots, bar patios, bar fronts, arenas. And I’m not talking about vapes, I’m talking big fat doobies, even blunts. I remember out of state friends being shocked when we would light up anywhere. It’s possible we were just lucky and didn’t give a shit.
I believe that applies to alcohol too. I've also never heard of an angry stoner. No one has gotten stoned and pulled a gun on their best friend. It's not for me, but being "baked" involves a lot of munchies and staring at the tv. It needs to actually be changed from a schedule one drug so we can do more research. Big pharma doesn't want that and since they are big donors, we can't get out of this cycle.
It's not so much the testing, but the field test. You can't drive if you've taken nyquil either. That's a a DUI.
You must be a smoker or has it been that long since you have been in the house of a smoker. The smell almost never goes away from tobacco smoke.
They've got no shot on field sobriety and they know it. Sorry, but the minute I see those lights, the adrenalin kicks in and kills any and all elements of "buzz". Prime example (not skirting DUI) of why I prefer it to alcohol. In a word: Control.
The testing of the breath, blood or urine is critical in alcohol DUIs. There are 2 ways the state can prove a DUI: 1. Blood alcohol level of .08% or above. 2. Under the influence of alcohol, prohibited substances, etc. to the extent one's normal faculties are impaired. Impairment is the standard, not intoxication. The state doesn't have to prove it both ways, just one way or the other. Most NyQuil products contain 10% alcohol. You'd have to drink enough of it to either jack your BAL up over the limit or to cause impairment. Field sobriety exercises are only one part of proving a DUI impairment case. Others are driving pattern, physical observations such as slurred speech, blood shot eyes, odor of alcohol and just general ability to walk, stand and answer questions coherently. Refusal to submit to testing can be considered as well under most circumstances. The issue in weed DUIs is that the state lab doesn't quantify the amount of THC in the blood other than it being over the threshold that might be caused by incidental environmental contact. We can't tell from that test whether the person smoked an hour or a week before the driving event.
No, but weed - oddly enough - does. I don't know what it is about tobacco smoke, but that stuff gets in everything and never goes away. I worked at a gas station in HS and everyone smoked in the office (back in the day with full-serve, etc). One day they made me clean the windows and. . . OMG! It was almost as if I had removed 30% tinting.
Not a smoker but I have been in bars where smoking used to be legal and you are right, that smell never goes away, so I just don't go to those bars and problem solved.
As a hobby I buy old fix er uppers and rehab them. I live in them and I have no schedule. I am not a flipper I just like to putter. I will never buy a smoker’s house again. I think I would prefer a meth house.
I have an air purifier in my office that, when set on automatic, will automatically noticeably ramp up when it detects odors. Body odor does it as does both tobacco and marijuana. It's funny sometimes because I'll have a client sit down and 30 seconds later the air purifier goes into full blast mode. They'll start looking at me like I just turned it on. I try to remember to power it off when certain clients come in.
So if someone fails all of the above (blood shot eyes, driving pattern, slurred speech, and say the distinct odor of weed) except of course the lab result, then they can be charged. If you refuse a Breathalyzer you can lose your license for a year. Is the breathalyzer the end all? Weed can stay in your system up to 30 days, so a lab result isn't something they will be able to use. So we agree?? I'm wondering.
If you refuse to submit to tests of your breath, blood or urine after properly being requested to provide such sample(s) by a law enforcement officer and, assuming the officer has properly advised you of Florida's implied consent law, your driving privileges will be suspended for 12 months for a first refusal, 18 months for a second or subsequent refusal. A second or subsequent refusal is also a separate first degree misdemeanor punishable by up to a year in the county jail and/or a $1000 fine. The positive test for marijuana will be admissible, the fact it isn't quantified goes to the weight a jury should give it. If a jury is properly following their instructions, they should convict you of DUI if your BAL is .08% or above, regardless of your performance on field sobriety exercises (Florida case law frowns on referring to them as "tests.")
I used to smoke in our apartment. Don’t know if you remember. Instant coffee + menthol cigs = breaky of champs