Driving Under the Influence of Drugs
Driving under the influence (DUI) or driving while
impaired or intoxicated (DWI) does not just relate to an intoxicated driver that
has consumed alcohol. It is possible to be convicted
of DUI or DWI when the driver has used a drug,
whether a legal or illegal drug, and whether
prescribed by a physician 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.
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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 an individual as to impair, to an appreciable degree, his or her ability to drive a vehicle in the manner that any ordinarily prudent and cautious person, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions.
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.
The punishment in a DUI drugs case is similar to DUI alcohol in the event of a conviction. However, in many states, the Department of Motor Vehicles 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.