High Driving: Driving Under the Influence of Drugs

Operating a motor vehicle while impaired by alcohol, drugs, or a combination of drugs and alcohol is against the law. Drugged driving has increased in recent years. This includes driving under the influence of prescription drugs and marijuana.

A drug DUI conviction has serious penalties and can cost a lot of money. You may have legal defenses to challenge a drugged driving conviction and avoid a criminal record. To find out about your legal options after a drugged driving arrest, talk to an experienced DUI defense lawyer.

Laws Against Drug-Impaired Driving

All states have laws against driving under the influence of drugs. It’s against the law to drive while under the influence of any drug that affects your ability to safely operate a motor vehicle. Driving under the influence (DUI) of drugs includes illicit drugs and prescription medications.

Police use evidence of impairment, including blood tests, field sobriety tests, and officer observations of how the driver operated the vehicle. Like drunk driving, if you test positive for drugs in your system, there may be a presumption of impairment.

Drugs and Vehicle Control

According to the National Highway Traffic Safety Administration (NHTSA), 56% of drivers involved in serious injury and fatal crashes tested positive for at least one drug. Drugs can slow reaction time, impair judgment, and decrease motor control. Drug combinations or combining drugs and alcohol can increase the impairing effects.

Different substances have different effects on people. However, many drivers underestimate a drug’s effects on their bodies. Some drug impacts only last for a few minutes. Other drugs can impair the body for hours. Even if you can get home fine, you may lose control in an emergency driving situation.

High Driving Penalties and Consequences

Drugged driving penalties are similar to drunk driving penalties. Criminal drugged driving penalties vary by state. A first-time offense could result in:

• Jail time
• Fines
• Substance abuse counseling
• Community service
• Suspended license
• Criminal record

A second impaired driving conviction has more serious penalties. Multiple drunk driving offenses or a fatal accident DUI could even result in felony charges.

Impaired drivers may also face criminal charges related to illegal drug possession. If you have drugs or drug paraphernalia in your vehicle, you may face criminal possession or trafficking charges.

Implied Consent for Drug Testing

Most states have implied consent laws for drug and alcohol testing. By driving on the road or having a driver’s license, you give consent to blood or breath testing after an impaired driving arrest. You can face penalties for refusing a drug test after an arrest. Penalties can include a suspended license and additional jail time if convicted of a DUI.

Drug Detection During a Traffic Stop

During a traffic stop, law enforcement officers will look for evidence that you’re under the influence of alcohol or drugs. Roadside breathalyzer tests can test for the presence of alcohol. However, police don’t have standard drug tests for during traffic stops. Instead, police look for signs of possible drug use, including:

• Evidence of drug paraphernalia
• The smell of marijuana or inhalants
• Slurred speech
• Blood-shot eyes
• Tremors

Some police officers go through NHTSA training to become Drug Recognition Experts (DREs). Drug evaluation programs help police identify drivers impaired by drugs. This includes signs of drug impairment, types of drug categories, and testing for drugs.

Field Sobriety Testing for Drugs

Standardized field sobriety tests are a way for police to test you for possible impairment. Most drivers can refuse field sobriety tests — there are no penalties for refusal. The police officer may still arrest you, but they can’t use refusing the tests as evidence of impairment. Standardized field sobriety tests include:

• Walk-and-turn test
• One-leg stand test
• Horizontal gaze nystagmus test (eye test)

These roadside tests aren’t always accurate. Medical conditions, weight issues, and environmental factors can cause false positives. However, police officers still use them to establish probable cause for an arrest.

Prescription Drug DUI

State laws against drugged driving include prescription medications and over-the-counter (OTC) drugs. You can face an arrest for drug-impaired driving when taking medication prescribed by your doctor. Even if you didn’t know the drug would impair your driving, you can still face criminal charges.

Common prescription drugs that can cause driver impairment include:

• Anxiety drugs, like Xanax, can delay reaction time and decrease coordination
• Sleeping pills can continue to cause drowsiness and slow reaction time for hours
• Opioids and painkillers can cause drowsiness and impair judgment
• Antidepressants can have an impact on drivers similar to alcohol

Medical Marijuana

The majority of states have now legalized medical marijuana. Many states have also legalized cannabis for recreational use. According to a national survey, while alcohol DUIs declined, marijuana-impaired driving increased.

Even in states with legal marijuana use, it’s still against the law to drive high. The effects of marijuana use can slow reaction times and impair coordination. Police can arrest a driver for driving under the influence of marijuana.

Police can use blood tests to check for the presence of tetrahydrocannabinol (THC) in the blood. Police can also use observations and evidence gathered during the arrest. Evidence includes drug paraphernalia, field sobriety tests, and the smell of marijuana on the driver.

Legal Defenses After a Drug-Impaired Driving Arrest

Police officers can make mistakes during an arrest. Drug detection isn’t an exact science. Medical conditions, stress, and other factors can make drivers appear impaired even if they are sober. A drugged-driving defense lawyer can review your case and explain your legal options. Your lawyer can identify your legal defenses and challenge the case in court.

Your lawyer can also negotiate with the state to get probation or diversion to avoid a criminal conviction. With diversion programs, you can go through drug counseling, and the court will drop the criminal charges. Talk to a DUI defense lawyer for legal advice after a drugged driving arrest.