Most people associate driving under the influence (DUI) charges with alcohol. Anyone who consumes too many beers, glasses of wine or mixed drinks could be at risk of causing a crash or getting arrested.
However, alcohol is not the only substance that can diminish driving ability and result in DUI charges. The state also prohibits driving while under the influence of drugs. When are motorists vulnerable to DUI charges based on drug consumption rather than alcohol intoxication?
Any drug impairment is a legal risk
People who drink alcohol regularly have to make informed decisions about when to stop and when to seek an alternate ride home. The state can bring DUI charges based on their performance at the wheel or their blood alcohol concentration (BAC). The legal limit makes it very easy for the state to build DUI cases against people under the influence of alcohol.
There are no such limits enshrined in state law for different medications or prohibited drugs. Whether an individual faces accusations of driving after using prohibited drugs, prescription medication or over-the-counter remedies, an admission of being under the influence or a failed chemical test at any level can be adequate reason to prosecute that individual.
There are no chemical thresholds for cough syrup, recreational drugs or prescribed pain medication. Any detectable amount can be sufficient justification for an arrest or a DUI charge. Even when a motorist insists that they have a reasonable tolerance because they have had the same prescription for years, they are at risk of prosecution.
The lack of a chemical threshold means that drugged driving charges can be challenging to fight without the right help. Those accused of drugged driving are at risk of financial penalties, incarceration and driver’s license suspension.
The penalties for a drug-based DUI are theoretically the same as those for alcohol-related offenses. Judges and juries may have more of a bias about drugged driving as opposed to alcohol-based infractions.
Motorists accused of drugged driving may be able to fight their charges using one of several strategies. Discussing what led to a DUI arrest based on drug impairment can help people plan a response. Many motorists may be able to avoid a conviction with the right insight and support.
