Most driving under the influence (DUI) charges involve people who have consumed alcohol. Defendants accused of drunk driving are at risk of incarceration, driver’s license suspension and financial penalties. People accused of drugged driving could also be at risk of the same consequences.
State prosecutors can bring DUI charges against those accused of drug-related impairment. Motorists may be less aware of the rules that apply to drugged driving as opposed to drunk driving.
When are people at risk of a drug-related DUI charge?
When they admit to taking drugs
Police officers speaking with motorists during a traffic stop often ask about their behavior on the road or activities before driving. People who are under the influence of prohibited drugs are unlikely to admit that to officers.
However, those who have recently consumed prescription medications or over-the-counter drugs may make statements that put them at risk of prosecution. A driver asked if they have had anything to drink might chuckle and tell the officer no, but they have had to take cold medicine or a prescription drug that makes them feel a little loopy.
Drivers may unknowingly put themselves at risk of arrest and prosecution by admitting that they chose to drive while in a chemically impaired state because of medication. There is no chemical threshold for different drugs the way that there is for alcohol. A driver’s admission could be sufficient reason for the state to pursue a drug-related DUI charge against them.
When they fail a chemical test
Roadside chemical testing focuses on alcohol. There are not yet scientifically-credible breath testing devices for other substances. However, in scenarios where people cause crashes or where they are under arrest on suspicion of impairment, the state could perform more in-depth chemical tests.
Those tests could affirm the presence of controlled substances or over-the-counter medications known to affect driving capabilities. Failing a drug test could lead to a DUI offense even if the drug in question is lawful and the motorist insists that they have developed a tolerance after taking a certain prescription for years.
Those accused of drug-related DUI offenses are at risk of a variety of different consequences. Responding effectively to pending charges could help motorists avoid the worst criminal consequences that the state might impose.