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Developing a viable cannabis breathalyzer

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Re: Developing a viable cannabis breathalyzer

#41

Post by sithadmin »

IAmGraydon wrote: post #39
rocky12 wrote: post #31

Earlier quoted context omitted.

I was charged with a DWI a year ago. The case is still going through the court system. I was pulled over for speeding, going 36 in 35. Yes I am serious, one mile over. But this wasn't surprising to me, I am a young Hispanic man so this is a normal occurrence for me. First thing the officer said was "boy you look nervous". As most adults pulled over by police feel. I handed my license and insurance over. The license h…

I must be missing something here. What are you actually charged with? DUI? How can that stand in court at all if the breathalyzer obviously proves you were under the limit?

In most US states, the 'legal limit' as detected with a breathalyzer is just a threshold that results in automatically being charged with a DUI/DWI if you exceed it. Blowing under the threshold doesn't provide you any kind of legal protection against being charged with a DUI/DWI.

Re: Developing a viable cannabis breathalyzer

#42

Post by matwood »

IAmGraydon wrote: post #39
rocky12 wrote: post #31

Earlier quoted context omitted.

I was charged with a DWI a year ago. The case is still going through the court system. I was pulled over for speeding, going 36 in 35. Yes I am serious, one mile over. But this wasn't surprising to me, I am a young Hispanic man so this is a normal occurrence for me. First thing the officer said was "boy you look nervous". As most adults pulled over by police feel. I handed my license and insurance over. The license h…

I must be missing something here. What are you actually charged with? DUI? How can that stand in court at all if the breathalyzer obviously proves you were under the limit?

A breathalyzer is just additional evidence. All the cops have to say is the defendant appeared to be on something.

Re: Developing a viable cannabis breathalyzer

#43

Post by matwood »

darpa_escapee wrote: post #36
komali2 wrote: post #30

Earlier quoted context omitted.

You can opt for the breathalyzer in most states, or they'll take you back to the office for a blood test. If they take you to the office though they'll probably tow your car as a little extra bit of "fuck you" for exerting your rights

> You can opt for the breathalyzer in most states, or they'll take you back to the office for a blood test. Please correct me if I'm wrong, but I was under the impression that if you opt out of a breathalyzer, they'll still charge you with a DUI and the courts will consider the breathalyzer refusal as an equivalent to being intoxicated.

Most (all?) states have the law written that if you refuse a breathalyzer it is an automatic license suspension. Depending on other evidence the state may press DUI charges.

Re: Developing a viable cannabis breathalyzer

#44

Post by maxvu »

darpa_escapee wrote: post #36
komali2 wrote: post #30

Earlier quoted context omitted.

You can opt for the breathalyzer in most states, or they'll take you back to the office for a blood test. If they take you to the office though they'll probably tow your car as a little extra bit of "fuck you" for exerting your rights

> You can opt for the breathalyzer in most states, or they'll take you back to the office for a blood test. Please correct me if I'm wrong, but I was under the impression that if you opt out of a breathalyzer, they'll still charge you with a DUI and the courts will consider the breathalyzer refusal as an equivalent to being intoxicated.

Almost. Yes, you may still be charged. Yes, they may use the evidence of your refusal. As far as equivalence, no: the test itself is just one piece of evidence. Because refusal should ordinarily make it more difficult to prosecute DUI (for what is, comparable to the stop, a very small inconvenience), I think most states have an automatic license revocation penalty attached to it - usually around six months. Field sobriety tests (e.g. walk in a straight line), I think, are much less conclusive and do not have such requirement.

IANAL. Search for James Duane.

Re: Developing a viable cannabis breathalyzer

#45

Post by IAmGraydon »

sithadmin wrote: post #41
IAmGraydon wrote: post #39

Earlier quoted context omitted.

I must be missing something here. What are you actually charged with? DUI? How can that stand in court at all if the breathalyzer obviously proves you were under the limit?

In most US states, the 'legal limit' as detected with a breathalyzer is just a threshold that results in automatically being charged with a DUI/DWI if you exceed it. Blowing under the threshold doesn't provide you any kind of legal protection against being charged with a DUI/DWI.

Thanks. I thought it might be something like that.

Re: Developing a viable cannabis breathalyzer

#46

Post by bribroder »

ohiovr wrote: post #29

I would like to know how this works. THC is an oil or resin. For it to appear in your breath it has to be a vapor unless it is rolling out of your mouth as smoke. What is the vapor pressure of THC?

Here's an interesting tidbit:

The tricky thing about THC, however, is that it is a large and complex molecule unlike ethanol, the main compound in alcohol, which is relatively small and simple. According to Tom Bruno, a NIST research chemist and co-author of the new paper, the vapor pressure of the THC compound is “very, very low,” which makes it difficult to measure.

Bruno, along with fellow NIST researcher and lead author Tara Lovestead, found a way to skirt around this issue by measuring THC vapor pressure with a vapor-capturing technique called PLOT-cryo. It works by trapping vapors in a solid substance that coats the inside of a small tube. Because the tube is so small, Bruno said, the process is very efficient.

“You don’t have to collect a lot to get an analyzable result,” he remarked.

The PLOT-cryo device works like a very sensitive nose. It can sniff out different compounds from the air, and has been previously used to identify explosives as well as decaying flesh.

https://www.seeker.com/health/new-thc-finding-paves-the-way-...

Re: Developing a viable cannabis breathalyzer

#47

Post by ohiovr »

bribroder wrote: post #46
ohiovr wrote: post #29

I would like to know how this works. THC is an oil or resin. For it to appear in your breath it has to be a vapor unless it is rolling out of your mouth as smoke. What is the vapor pressure of THC?

Here's an interesting tidbit: The tricky thing about THC, however, is that it is a large and complex molecule unlike ethanol, the main compound in alcohol, which is relatively small and simple. According to Tom Bruno, a NIST research chemist and co-author of the new paper, the vapor pressure of the THC compound is “very, very low,” which makes it difficult to measure. Bruno, along with fellow NIST researcher and lead…

Thank you that was interesting.

Re: Developing a viable cannabis breathalyzer

#48

Post by snvzz »

sithadmin wrote: post #41
IAmGraydon wrote: post #39

Earlier quoted context omitted.

I must be missing something here. What are you actually charged with? DUI? How can that stand in court at all if the breathalyzer obviously proves you were under the limit?

In most US states, the 'legal limit' as detected with a breathalyzer is just a threshold that results in automatically being charged with a DUI/DWI if you exceed it. Blowing under the threshold doesn't provide you any kind of legal protection against being charged with a DUI/DWI.

So, in short, you should never blow, as that's never going to help you in any way?

Re: Developing a viable cannabis breathalyzer

#49

Post by scarface74 »

NikolaNovak wrote: post #20
scarface74 wrote: post #8

It couldn’t be any worse than “specially trained officers” who are able to detect whether someone is high by thier mannerisms and arrest people who aren’t using anything. https://www.11alive.com/article/news/investigations/the-drug...

That article is completely terrifying. * I am much too much of a control freak to ever ever try drugs; no moral issue, just not for me. * I have a drink of something on social occasion maybe once or twice a year, maybe not. Never got behind the wheel with even a sip of alcohol that day, let alone a glass, let alone anything approaching legal limit. But I'm a klutz and I'm an introvert and I get nervous easily and I h…

I am much more than a “klutz”, I have a mild neurological condition that you wouldn’t notice on first glance that affects my balance slightly. I’m always afraid of what would happen if I got stopped by the police. It doesn’t help that my disability also causes an excessive startle reaction (https://rarediseases.org/rare-diseases/hyperekplexia/).

One time I did get stopped by the police, they made me get out of the car and they saw my hand was balled up like I was about to hit him. I didn’t even think that I was showing signs of aggression - my hand is always balled up. Once I noticed the tension increasing, I immediately told him about my condition and my hand.

I am also Black, so I’m extra cautious. Of course, police are suppose to ask if you have a disability,but I’ve never put too much credence in the justice system.

https://www.jabatelaw.com/are-physical-disabilities-a-factor...

Re: Developing a viable cannabis breathalyzer

#50

Post by mchahn »

eeeeeeeeeeeee wrote: post #34
scarface74 wrote: post #8

It couldn’t be any worse than “specially trained officers” who are able to detect whether someone is high by thier mannerisms and arrest people who aren’t using anything. https://www.11alive.com/article/news/investigations/the-drug...

Exactly. The article even says as much. It simply detects if someone smoked something with THC in the last two hours. So there is no consideration for actual impairment? My bullshit detector went off when the creator of the device said "this device has a lot of science in it."

My bullshit detector went off when the article said "the number of drivers involved in fatal crashes who tested positive for marijuana is up significantly" (a reference to Colorado). Duh, the overall percentage of the population smoking dope went up when legalized.
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