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 Driving Under the Influence of Drugs
Driving under the influence (DUI) or driving while
impaired (DWI) does not just relate to a driver that
has consumed alcohol. It is possible to be convicted
of DUI or DWI when the driver has consumed a drug,
whether a legal or illegal drug, and whether
prescribed or not. In many states, the definition
of a drug is very broad, and typically includes any
substance that can affect a person's mental or
physical capacities to the extent that driving may be
affected. In fact, it is possible to be convicted of
driving under the influence of drugs where the drug
is of the over-the-counter variety, such as cold
medicine, or even coffee or caffeine pills, if their
consumption results in impairment.
DUI / DWI
defense is a specialized area. Let one of the
qualified DUI LAWS attorneys find a solution to your
legal problem.
Click here to find a lawyer near you. As to what
constitutes being "under the influence" or
"impaired"
for purposes of DUI drugs or DWI drugs, the
definition used in California is a typical example: a
drug must be capable of affecting the nervous system,
brain, or muscles of a person as to impair, to an
appreciable degree, his ability to drive a vehicle in
the manner that any ordinarily prudent and cautious
man, in full possession of his faculties, using
reasonable care, would drive a similar vehicle under
like conditions. |
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 How
does the prosecution in a DUI drugs case go
about proving that drugs have impaired the
driver's abilities to the extent necessary to
support a conviction? In much the same way
that they do in driving under the influence
of alcohol case: by arguing the
circumstantial evidence, such as the manner
in which the car was driven, the physical
signs and symptoms of the driver, the
driver's performance on
field sobriety tests,
the
chemical test results of the driver's
blood or urine, or the testimony of a
prosecution drug recognition expert.
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The punishment in a DUI drugs case is similar to
DUI alcohol in the event of a conviction. However, in
many states, the DMV does not have jurisdiction to
take a separate action against the person's driving
privileges. That is because the DMV's jurisdiction
arises out of a violation of the "per se" laws, which
make it a crime to drive with an alcohol level that
is above
the legal limit. Since there are no
"per se"
levels established for driving under the influence of
drugs, those who stand accused of DUI drugs do not
have to deal with this separate proceeding.
However, some jurisdictions will impose harsher
punishments for driving under the influence of drugs,
including a loss of driving privileges as a
consequence from the court, even if there is no
administrative hearing with the DMV. It is also
important to realize that many jurisdictions do not
allow for drug diversion programs where the drug
offense takes place in a car, due to the extra
element of danger to those on the roadway. Because of
the differences from state to state, it is critical
to
consult with a lawyer in your jurisdiction that is
familiar with DUI cases.
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1800 DUI Laws
