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Georgia law has long established the legal limits for alcohol consumption among drivers, but impairment caused by marijuana use remains difficult to define. Attempts to establish when impairment occurs with marijuana use remain ongoing. A study from the Automobile Association of America noted a lack of scientific evidence associating a specific level of marijuana elements in blood with impairment. Marijuana produces effects fundamentally different from alcohol and can affect different people in different ways.

Critics consider the minimum levels of THC associated with impairment set by some states to be arbitrarily chosen. They assert that these unscientific limits could result in DUI charges for people that do not deserve them. Existing marijuana tests only detect metabolites of the substance in a person's body that can linger for weeks after use.

The authors of the study suggested developing tests that detect recent marijuana use or evaluate drivers for behavioral or physical signs of impairment. Companies throughout the country are taking on the task of creating a test for use by law enforcement similar to the breath test used to measure the amount of alcohol in a driver's system.

While this technology remains in development, law enforcement still has the ability to test for alcohol impairment. A person charged with drinking and driving could seek help from a drunk driving attorney. To defend the person from prosecution, an attorney could review the test results and the procedures used to administer the sobriety test. Any mistakes committed by law enforcement could be grounds for the attorney to challenge the evidence. This action might result in a case dismissal. If a case cannot be dropped, then the attorney might strive for a plea bargain that has reduced charges and a lenient penalty.

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