Could Drinking Tea Lead to a DUI Marijuana Charge?
Your friends invite you out for drinks on a Friday night. Rather than risk facing the severe consequences of a DUI conviction, you decide to drink tea. Later, police pull you over and administer a Duquenois-Levine (D-L) test. They arrest for DUI, but not for alcohol. You are arrested for DUI marijuana.
How could this happen? Well, your arrest may have due to the results of the D-L test.
Understanding the Duquenois-Levine Test
The D-L test is a popular method used by police officers to quickly test for marijuana in your system. The D-L test is conducted by combining a reagent with a targeted substance, shaking the mixture together while adding other chemicals and noting the color changes. If marijuana is detected, the mixture will turn purple.
In California and other states, the D-L test may be used as evidence in DUI marijuana cases.
Inaccuracy of the Test
The D-L test may be a quick solution for discovering the presence of marijuana, but it is in no way conclusive. Since the 1960s, studies have shown that the test is not specific to cannabis.1 Many plant oils and extracts can cause the D-L test to react in a similar way as if the substance was marijuana. So, even something as simple as oregano or tea could produce the same positive test results as marijuana.
A popular case in 2012 involved a SWAT team invading a family’s home based on the fact that the family shopped at a gardening store and had tea leaves in their trash.2 Police went through the family’s trash and found plant material that, based on the inaccuracy of a D-L test, was thought to be marijuana.
The flawed test has been used in many cases to wrongfully convict individuals of drug and DUI crimes. However, a skilled attorney will be able to point out the scientific inaccuracies of D-L tests and defend you against these charges. If the D-L test was used as a way to test you for drugs during a DUI stop, your DUI lawyer may be able to expose this evidence as inaccurate and unconvincing.
Contact a DUI Attorney at Wallin & Klarich Today
If you or a loved one has been charged with DUI marijuana in California, you need to speak to an experienced attorney right away. At Wallin & Klarich, our skilled DUI attorneys have over 35 years of experience successfully helping our clients fight DUI marijuana charges. We may be able to show that the evidence against you is not enough to prove that you are guilty of this crime beyond a reasonable doubt.
With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina and Torrance, you can find a dedicated Wallin & Klarich DUI attorney available near you no matter where you work or live.
Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
1. https://en.wikipedia.org/wiki/Duquenois%E2%80%93Levine_reagent href=”#ref1″>↩
2. https://www.washingtonpost.com/news/the-watch/wp/2015/12/28/federal-judge-drinking-tea-shopping-at-a-gardening-store-is-probable-cause-for-a-swat-raid-on-your-home/ href=”#ref2″>↩