While arrests for Driving While Ability Impaired by Drugs (VTL 1192.4) are less common that Driving While Intoxicated by Alcohol (VTL 1192.3), an arrest for this violation is just as serious. However, since one of the elements that the prosecutor must prove is that the driver ingested a drug, this charge is somewhat difficult to prove. See, People v. Kahn, 160 Misc. 2d 594 (Dist. Ct. Nassau County 1994). That could be changing, as the Cannabix - basically a Breathalyzer for marijuana, is currently pending patent and further field testing.
West Point Resources, Inc. has recently announced a definitive agreement with Cannabix Breathalyzer, Inc. to license the rights to the Cannibix in North America. The Cannibix will allegedly give law enforcement a bright line test for the presence of marijuana. The Cannibix drug-impairment recognition system is based on breath testing technology that has been developed in Sweden and has been successful in testing individuals for recent consumption of the THC component of marijuana. With the recent passage of a medical marijuana law in New York State, the Cannibix could quickly arrive in local police departments. Brooklyn and Manhattan defense lawyers have been extremely successfull is attacking the reliability of the alcohol Breathalyzer. The arrival of the Cannibix will pose new challenges for attorneys and motorists alike.