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Defenses include challenging the stop, attacking DRE evaluation procedural defects, scrutinizing field test scoring under conditions that affect marijuana users differently than alcohol users, examining blood test chain of custody, time-of-use vs time-of-stop arguments (THC stays in the bloodstream after impairment passes), and challenging odor-based probable cause now that marijuana is legal.

Published May 23, 2026 | Marijuana DUI Breath Test