Similar to driving a vehicle while having a BAC of .08% or more, in marijuana based DUIs the prosecutor would present blood test results establishing the driver was over the legal limit. In marijuana based DUIs, the court must determine whether the driver has a certain level (greater than 5 nanograms of THC (marijuana’s psychoactive chemical)) in his blood or 10 or more nanograms of THC in a driver’s saliva while driving. Any amount below 5 nanograms of blood does not create a violation of the law. If that concentration is met, no matter how well the driving, the driver has violated the law and has committed a marijuana-based DUI.