Keywords
Daubert, marijuana impaired driving, cannabis impaired driving, drugged driving, field sobriety testing, blood THC concentration, expert evidence
Abstract
Field sobriety and blood alcohol concentration tests are proven reliable techniques to determine whether a person us under the influence of alcohol. No such technique has been developed to reliably determine whether a person is under the influence of marijuana. However, despite a lack of scientific consensus regarding the reliability of field sobriety and blood toxicology tests to determine marijuana impairment, these methods are routinely used as evidence of guilt in marijuana impaired driving prosecutions. Twenty-four states have legalized the recreational use of marijuana, and Florida appears to be set to join them in the near future. As a result of increased access to marijuana, it is logical to assume that the percentage of car accidents involving drivers suspected of marijuana impairment will rise. This comment evaluates the current state of science’s ability to detect marijuana impairment; how different states where recreational marijuana use is legal have addressed the admissibility of field sobriety and blood toxicology tests under the Daubert expert evidence admissibility principles in marijuana impaired driving prosecutions; and recommends that Florida judges exclude such evidence from marijuana impaired driving prosecutions until the underlying science is proven to be reliable.
Recommended Citation
Christopher Bomhoff, How Florida’s Courts Should Evaluate the Admissibility of Field Sobriety Testing and Blood THC Levels Evidence in Marijuana Impaired Driving Prosecutions, 18 FIU L. Rev. 217 (2023), https://doi.org/10.25148/lawrev.18.1.11.
