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can a cop arrest you for being/driving while high?

zixxer

Diamond Member
Jul 6, 2001
7,326
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I'm asking because whenever I watch cops (which is pretty often..) they only arrest/ticket someone who has paraphenelia (sp?)...

there isn't a breathalyzer for cannabis.. right? I'm assuming they have some sort of field sobriety test maybe?
 

shortylickens

No Lifer
Jul 15, 2003
80,062
12,851
126
They would still do the "walk the line" test.
Regardless of the substance that may or may not be involved, its all considered Under the Influence.

I dont know how each state handles paraphenalia. I suspect in some states if the cop sees it, it may constitute Probable Cause.
 

Ausm

Lifer
Oct 9, 1999
25,215
13
81
It is the cops discretion whether or not to test for drugs and/or alcohol. It also varies on the local laws.


Ausm
 

Ika

Lifer
Mar 22, 2006
14,267
3
81

Brutuskend

Lifer
Apr 2, 2001
26,558
2
0
Cop: "Your eyes look kinda red, you been smoking dope?"

You: "Your eyes look kinda glazed, you been eating donuts?"

Cop: Beating you senseless
 

MangoTBG

Diamond Member
Apr 28, 2003
3,101
0
71
There's way to test your eye's, apparently. I saw on a Cops episode where a guy on meth claimed he had smoked pot 4 hours earlier and that it wasn't meth. The cop took his finger and did the whole "follow my finger deal" and moved his finger right towards the guy's nose. The guy's eyes went crossed and the cop said "had you been under the influence of marijuana your eyes would not be able to become crossed"
 

Bateluer

Lifer
Jun 23, 2001
27,730
7
0
A police officer can arrest you for being 'under the influence' if you appear to be driving impaired, doesn't matter what substance is impairing you. Alcohol, cannibis, perscription pain killers, if you are driving impaired, the cop can arrest you. This may vary by the state though.

Also, refusing the breath test is stupid, because thats instant just cause to take you to the station and draw blood for a blood test, you get to wait in the jail cell for the results. Of course, the BAC level may decrease in the time it takes to get the blood drawn, but even if it comes back as a .03, you can still get an impaired driving cititation in AZ, not sure about other states.
 

Lazy8s

Golden Member
Jun 23, 2004
1,503
0
0
yes

dui=driving under the influence (dunk driving)
dwi=driving while intoxicated (drugs)

Why else would they put "Do not drive while taking this drug" on prescriptions. The penalties are much MUCH higher for dwi. The exact penalties vary by state but it would be insane to believe that you could drive stoned but not dunk.
 

MoPHo

Platinum Member
Dec 16, 2003
2,981
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they can arrest you in NY for driving under the influence of a controlled substance. marijuana is harder to test than most drugs because it stays in your blood for (around) 30 days so a blood test wouldn't really yield much and if you use clear eyes or something and have no paraphanelia on you its almost impossible to prosecute.

but if the cop thinks you have been smoking and has "belief beyond doubt" then he can bring you in. this usually requires a bag w/ remains or said paraphenelia on cops.
 

iwantanewcomputer

Diamond Member
Apr 4, 2004
5,045
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his point is don't DUI and especially don't race UI you noob. one more thing. you were not doing 70+ in under 3 seconds loser. I'm assuming you don't even have a fast car cause you apparently don't have a clue what a good 0-60 time is.
 

cKGunslinger

Lifer
Nov 29, 1999
16,372
41
91
Originally posted by: MangoTBG
There's way to test your eye's, apparently. I saw on a Cops episode where a guy on meth claimed he had smoked pot 4 hours earlier and that it wasn't meth. The cop took his finger and did the whole "follow my finger deal" and moved his finger right towards the guy's nose. The guy's eyes went crossed and the cop said "had you been under the influence of marijuana your eyes would not be able to become crossed"
Smoking pot inhibits the body's natural eye-crossing ability? :confused:
 

zixxer

Diamond Member
Jul 6, 2001
7,326
0
0
wtf is wrong with you. one of your three threads is THIS one, another deals w/ alcohol and is generally unrelated, the third is again unrelated.



Is there a new rule that people can't post 3 unrelated posts per day???



go drown yourself.

 

MoPHo

Platinum Member
Dec 16, 2003
2,981
2
0
Originally posted by: Lazy8s
yes

dui=driving under the influence (dunk driving)
dwi=driving while intoxicated (drugs)

Why else would they put "Do not drive while taking this drug" on prescriptions. The penalties are much MUCH higher for dwi. The exact penalties vary by state but it would be insane to believe that you could drive stoned but not dunk.
didn't you get the DUI and DWI mixed up? i thought DUI was under the influence (drugs) and DWI was drinking
 

zixxer

Diamond Member
Jul 6, 2001
7,326
0
0
Originally posted by: iwantanewcomputer
his point is don't DUI and especially don't race UI you noob. one more thing. you were not doing 70+ in under 3 seconds loser. I'm assuming you don't even have a fast car cause you apparently don't have a clue what a good 0-60 time is.
read the thread moron.
 

SuperFreaky

Golden Member
Nov 1, 1999
1,985
0
0
Originally posted by: cKGunslinger
Originally posted by: MangoTBG
There's way to test your eye's, apparently. I saw on a Cops episode where a guy on meth claimed he had smoked pot 4 hours earlier and that it wasn't meth. The cop took his finger and did the whole "follow my finger deal" and moved his finger right towards the guy's nose. The guy's eyes went crossed and the cop said "had you been under the influence of marijuana your eyes would not be able to become crossed"
Smoking pot inhibits the body's natural eye-crossing ability? :confused:
Bwaaaaaaaa, I'd bet thats a load of sheet. I'll report back....
 

JS80

Lifer
Oct 24, 2005
26,260
4
81
i knew a pothead in college that got a DUI while high. subsequently his parents pwned him even though the court only gave him community service. he basically got cut off and had to drop out of college.
 

MangoTBG

Diamond Member
Apr 28, 2003
3,101
0
71
Originally posted by: cKGunslinger
Originally posted by: MangoTBG
There's way to test your eye's, apparently. I saw on a Cops episode where a guy on meth claimed he had smoked pot 4 hours earlier and that it wasn't meth. The cop took his finger and did the whole "follow my finger deal" and moved his finger right towards the guy's nose. The guy's eyes went crossed and the cop said "had you been under the influence of marijuana your eyes would not be able to become crossed"
Smoking pot inhibits the body's natural eye-crossing ability? :confused:


From here

He also checked for convergence; i.e., the ability for each eye to move simultaneously towards the nose in a crossed eye fashion. The officer did see a lack of convergence in the bloodshot and watery eyes. He observed that Defendant's eyes appeared as if they would cross and then they stopped short about half way in from dead center. He testified that while it can be painful to fully converge, the test has never been stopped due to such a complaint.

The officer further testified that with the exception of thirty percent of the population, a persons eyes should be able to cross during the convergence test. He did not know whether or not the defendant fell within that thirty per cent of the population.

He then tested Defendant's eyes for pupillary reaction to varying light intensities. According to Deputy Schumann, a person cannot control the pupillary reaction if drugs are present and the pupils are slightly larger when marijuana has been ingested. He testified that he was trained to examine eyes to distinguish between any neurological damage or medical problem and drug induced effects which contributed to the defendant's physiological responses. He found no medical problems.
 

MangoTBG

Diamond Member
Apr 28, 2003
3,101
0
71
Originally posted by: SuperFreaky
Originally posted by: cKGunslinger
Originally posted by: MangoTBG
There's way to test your eye's, apparently. I saw on a Cops episode where a guy on meth claimed he had smoked pot 4 hours earlier and that it wasn't meth. The cop took his finger and did the whole "follow my finger deal" and moved his finger right towards the guy's nose. The guy's eyes went crossed and the cop said "had you been under the influence of marijuana your eyes would not be able to become crossed"
Smoking pot inhibits the body's natural eye-crossing ability? :confused:
Bwaaaaaaaa, I'd bet thats a load of sheet. I'll report back....

You can take that sheet and swallow it.
 

pclstyle

Platinum Member
Apr 14, 2004
2,364
0
0
OP: disgruntled, angry, past-his-prime sociopath, who flails desperately at any and all who press him, much like an infant being provoked. Also like said infant, he comes off as if he is almost on the verge of tears at all times, even when spewing hate in all directions even though he lacks both motive and reason; spittle dripping off his chin, beady eyes bulging at the dim-lit monitor that serves as the only source of illumination in his 4x4 ft cubicle - a fitting symbol of the helpless imprisonment he wakes to every morning that is his life.


i don't remember names for sh!t on OT, but i think i can recall having you categorized way back when. call it a privilege, an honor even -- you sit firmly in my collective memory with the likes of nik and that other 12 year old ("you just jealous cause i'm hitting it every night", wtf was his name).


gratz man, you made it.
 

zixxer

Diamond Member
Jul 6, 2001
7,326
0
0
Originally posted by: pclstyle
OP: disgruntled, angry, past-his-prime sociopath, who flails desperately at any and all who press him, much like an infant being provoked. Also like said infant, he comes off as if he is almost on the verge of tears at all times, even when spewing hate in all directions even though he lacks both motive and reason; spittle dripping off his chin, beady eyes bulging at the dim-lit monitor that serves as the only source of illumination in his 4x4 ft cubicle - a fitting symbol of the helpless imprisonment he wakes to every morning that is his life.


i don't remember names for sh!t on OT, but i think i can recall having you categorized way back when. call it a privilege, an honor even -- you sit firmly in my collective memory with the likes of nik and that other 12 year old ("you just jealous cause i'm hitting it every night", wtf was his name).


gratz man, you made it.


Grow up.
 

Lazy8s

Golden Member
Jun 23, 2004
1,503
0
0
Originally posted by: MoPHo
Originally posted by: Lazy8s
yes

dui=driving under the influence (dunk driving)
dwi=driving while intoxicated (drugs)

Why else would they put "Do not drive while taking this drug" on prescriptions. The penalties are much MUCH higher for dwi. The exact penalties vary by state but it would be insane to believe that you could drive stoned but not dunk.
didn't you get the DUI and DWI mixed up? i thought DUI was under the influence (drugs) and DWI was drinking
Ok I googled, and aparently it depends on the state. I only remember that because it makes more sense reversed, but I live in good ol' Georgia so we like to make crap up and call it right.

Might as well include some evidence of my claims right? :p
http://en.wikipedia.org/wiki/Driving_under_the_influence

EDIT: Check out the scarlet laws being looked at in the US. That would be a great deterrent imo.
 

Rebasxer

Golden Member
Apr 10, 2005
1,270
2
0
I thought DUI and DWI where just based on BAC, not what you had ingested. I was under the impression that here DUI = blown .08 and DWI is over .1
 

Cruisin1

Golden Member
Oct 10, 1999
1,119
0
71
Originally posted by: MangoTBG
There's way to test your eye's, apparently. I saw on a Cops episode where a guy on meth claimed he had smoked pot 4 hours earlier and that it wasn't meth. The cop took his finger and did the whole "follow my finger deal" and moved his finger right towards the guy's nose. The guy's eyes went crossed and the cop said "had you been under the influence of marijuana your eyes would not be able to become crossed"
Now you know everyone in this thread is going to test this out later tonight.... thanks man...
 

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