Why it matters: The New Mexico Supreme Court is evaluating the validity of field sobriety tests in determining cannabis impairment in cases involving driving under the influence. The case in question involves arguments made by Nina Luna after being convicted of driving under the influence while carrying cannabis.
What they are saying: Both the defense and prosecution focused on expertise in identifying impairment, with the defense arguing that field sobriety tests do not accurately reflect THC impairment and the prosecution defending police testimony, even if they are not drug recognition experts.
The big picture: Accurately measuring cannabis impairment while driving is a complicated issue, with no widely accepted standard for testing. Blood and breath tests measure the presence of THC but don’t necessarily indicate impairment. The New Mexico Supreme Court’s ruling on the validity of field sobriety tests in cannabis impairment cases could impact how other states handle similar cases.
What to watch: The ruling, which has yet to be issued, could set a precedent for how field sobriety tests are used in cannabis impairment cases. However, other methods of testing for THC impairment may still need to be developed to standardize testing and improve accuracy.
My take: Accurately identifying cannabis impairment while driving is a crucial issue for public safety. The use of field sobriety tests has been questioned by the defense in this case and may not be sufficient for accurately identifying impairment. While it’s important to find a standardized method for testing, cannabis use while driving should still be discouraged and law enforcement should crack down on it as needed.
