Mcle Article: Can I Drive Home After Happy Hour? Have Booze and Cannabis Changed Things?

• Publication year: 2019
• Author: By Eric Ganci, Esq. and Ron Moore, Esq.

MCLE Article: Can I Drive Home After Happy Hour? Have Booze and Cannabis Changed Things?

By Eric Ganci, Esq. and Ron Moore, Esq.

Eric Ganci runs an exclusive practice in DUI defense, with a focus on science and trial work. He was awarded the "Lawyer-Scientist" designation by the American Chemical Society, Chemistry and the Law Section and has tried over 60 jury trials to verdict. Eric is on staff teaching with Trial Lawyers College. He earned his JD from Thomas Jefferson School of Law and his BA in Music Education from Northern Illinois University.

Ron Moore is a forensic toxi-cologist and attorney. He worked for over 18 years in a crime lab, practiced law for 8 years, then opened his own toxicology consulting firm about 5 years ago. He graduated Valedictorian from Western State University College of Law, and holds a Masters in Forensic Toxicology from the University of Florida.

(Check the end of this Article for information about how to access 1.0 self-study substance abuse credits.)

We released this self-study guide initially in 2015 and it was so well received, we decided to do it again! This topic of alcohol, substances, and, dare I say math, can be full of rigor, wonder and excitement! We wanted to provide an update as some things have changed. While the science of alcohol remains largely the same, laws have changed with the legalization of recreational cannabis and may change again soon with the possible lowering of the per se legal limit in California.

To start, the legal profession is one of the most powerful, wonderful environments. It is one where we can constantly learn, be artistic, and truly help others. However, "with great power comes great responsibility," and it can also be a very stressful, heavy area of work. This stress can come in forms of feeling overwhelmed, overworked, or general incompetence or unpreparedness. With that, the body and mind need a way to unwind—to try and escape the world in which we constantly live.

There are many positive ways to try and disconnect and try to break away from the law, but many attorneys attempt to take the edge off by having a cocktail after work. For many persons, this can be fine, as it can be a way of slowing the day down, or celebrating yourself on a job well-done. However, it can also easily become a crutch: a requirement to begin allowing yourself to relax.

How can alcohol absorb and eliminate within your body? Obviously, drinking alcohol may not be against the law (if you're over 21, not on a probation term restricting this, etc.), but it is important to be aware of per se legal limits as they apply to alcohol and driving.

Also, what about marijuana? How can cannabis process through your body? How long does is remain in your body? How long do its effects remain affecting you? And what are the considerations for the effects of cannabis plus alcohol?

Some think they can hit a happy hour, and as long as they stick to their "two drink" allotment, they will be fine to drive home. While that may be the case, it also may not. Especially for smaller females, two drinks can quickly rocket you past the legal limit. Especially if the legal limit gets lowered to a 0.05 BAC (down from a 0.08). And if you add to that...