Driving Under the Influence of Drugs

When people think about getting arrested for driving under the influence (DUI), alcohol usually comes to mind. But driving under the influence of any intoxicating substance can lead to a DUI charge. DUI offenses can also involve a driver’s use of legal and illegal drugs.

Law enforcement officers don’t treat these cases lightly. Evidence suggests an increased crash risk for drug-impaired driving compared to alcohol-impaired driving. Criminal drug offenses and DUI charges carry serious penalties.

This article will explain how illegal and recreational drugs can lead to DUI charges. It will also review a few possible ways to defend against a drug-related DUI. In another article, you can also learn about DUIs involving prescription medications for legitimate medical conditions.

Get legal advice from a drug or DUI defense lawyer as early in your case as possible. An attorney can protect your rights and answer your questions after a DUI arrest.

Criminal Charges for Drug-Impaired Driving

It is illegal in all states to operate a motor vehicle while under the influence of an intoxicant. Different drugs affect drivers in different ways. But those that impair judgment, alertness, concentration, or motor skills may be as dangerous as — if not more than — alcohol.

Most DUI cases, particularly for a first offense, are misdemeanors unless certain factors exist. These aggravating factors include having a minor in your vehicle, having an excessively high blood alcohol concentration, or causing an accident with bodily injury.

You can face additional criminal charges if you possess illegal substances when you’re arrested. You may also face charges for possession of an illegal or controlled substance in addition to a DUI. These separate drug charges add to the potential penalties of the DUI charges.

Which Drugs Could Lead to a DUI Charge?

Some of the recreational and illegal drugs involved in DUI drug cases include:

• Marijuana or cannabis: Relaxation, euphoria, disorientation, drowsiness, difficulty with coordination, slowed response, and increased heart rate
• Cocaine: Euphoria, excitation, dizziness, increased focus and alertness, confusion and disoriented behavior, irritability, paranoia, aggressiveness, increased heart rate
• Methamphetamine: Excitation, hallucinations, insomnia, poor impulse control, increased heart rate and blood pressure
• Morphine and heroin: Intense euphoria, drowsiness, sedation, disconnectedness, mental clouding, analgesia, depressed heart rate, nausea and vomiting, diminished reflexes
• Lysergic acid diethylamide (LSD): Hallucinations, altered mental state, delusions, impaired depth, time, and space perception, inability to think or communicate rationally
• Psilocybin and psilocin (psychedelic mushrooms): Hallucinations, heightened anxiety or paranoia, poor coordination, slower reaction time, inability to process sensory information
• Nitrous oxide (whippets): Lack of coordination, dizziness, blackouts, slurred speech, slower reaction time

Drug DUI charges can involve many different types of substances — whether they’re legal, illegal, or legal under careful medical supervision. Even over-the-counter drugs can result in a DUI under certain conditions. The central element of a DUI is a driver’s impairment.

Legal and Decriminalized Cannabis

Cannabis is one of the most common drugs involved in DUIs. More states have moved to legalize or decriminalize cannabis. Yet, legal access or a prescription for cannabis does not make it legal to drive after consuming it.

Motorists who live in states that permit medical use of cannabis with a valid doctor’s recommendation may still get a DUI. If a police officer has gathered enough evidence of cannabis or marijuana impairment, a prescription may not be a criminal defense. In this regard, medical cannabis is no different from other prescription drugs with the potential for impairment.

Traffic Stops for Drug-Related DUIs

A police officer must have reasonable suspicion to pull you over and probable cause to arrest you. The process is the same regardless of whether you have been drinking alcohol, have consumed drugs, or both.

When a police officer suspects you of driving while intoxicated (DWI), they will ask you to perform field sobriety tests and submit to chemical tests. Field sobriety tests gauge your intoxication but also look for signs of being under the influence of controlled substances. Chemical tests will measure the amount of alcohol in your system and other substances consumed.

The majority of states have impairment-based DUI laws. Under these statutes, there must be proof of impaired driving. A positive drug test counts, but evidence can also include a failed field sobriety test, police testimony about your behavior during the traffic stop, and reckless driving.

Refusing Chemical Drug Tests

Every state has implied consent laws that expect you to cooperate with these tests. You agreed to obey the law when you obtained your driver’s license. Part of the law is participating in chemical tests when a law enforcement officer believes they are necessary.

You can refuse chemical tests but may face immediate license suspension and other penalties. Also, law enforcement can still arrest you. Officers will likely submit evidence of your refusal to the court.

What Are Drug Recognition Experts?

DREs are specially trained and certified law enforcement officers who follow specific guidelines to determine drug impairment in motorists. DREs closely examine a person’s eye movements, behavior, and other cues pointing to drug use. All 50 states have drug recognition experts (DREs).

How Police Measure Drug Impairment

There are no universally accepted limits for the drug amount in your system. DUI laws have set a blood alcohol content (BAC) legal limit. You are too impaired to be driving at or above this limit. There is no similar measure for drug intoxication.

Alcohol passes through the body rapidly. Measuring a motorist’s BAC during a traffic stop is also easy. Breathalyzer or breath tests are considered accurate under the law and are usually confirmed with a blood or urine test.

Most drugs do not get flushed from your body as quickly as alcohol. For example, the psychoactive component of cannabis, THC, is usually detectable in your urine or bloodstream for up to seven days, though sometimes it can take weeks or months to leave your system. Testing can find THC in your hair up to 90 days after use. Cocaine, on the other hand, typically leaves the body after three days.

A urinalysis, blood sample, and saliva testing look for the presence of drugs. A few states have established pilot programs for the roadside testing of oral fluids. These tests should determine the presence of THC, methamphetamines, and opioids.

Legal Limits for Drugged Driving

State laws have different ways of limiting drivers’ drug impairment. In general, states either set a specific limit like they do for alcohol, or they penalize any trace of drugs in a driver’s system.

Per Se Laws for Drugged Driving

Per se laws mean that you’re considered impaired if you have more than the legal amount of a substance in your system while driving. Law enforcement officers can arrest you. The prosecution doesn’t need more evidence of your intoxication and doesn’t need to prove actual impairment. A valid, positive test is enough.

Though these laws usually set limits for alcohol, at least five states have per se drugged driving laws. Much like alcohol per se laws, these DUI laws make it illegal to operate a motor vehicle with a specific level of drug — usually THC — or its metabolite in your system.

Depending on your state, the per se amount can vary from 2 nanograms (ng) of THC per milliliter (ml) of blood to 5 ng/ml. But state laws vary.

Colorado’s law does not rise to the level of a per se law but is similar. Under Colorado’s permissible inference law, law enforcement can assume intoxication if you have 5 ng/ml of THC in your system. However, you can still argue in court that you are not impaired at this level.

At least three states — Nevada, Ohio, and Virginia — have per se laws that apply to other substances. These may include cocaine, opioids, and methamphetamines, depending on the state.

California has gone a step further in its drugged driving laws. It is illegal for certain known active drug addicts or chronic drug users to operate a motor vehicle. California reasons that the withdrawal symptoms associated with addiction make driving as dangerous as being under the influence.

Zero-Tolerance Laws

Illegal and controlled substances generally fall under a state’s zero-tolerance laws. This means you are breaking the law by consuming any detectable amount of an illicit substance. Testing positive for controlled substances will result in a DUI charge.

At least 12 states have zero-tolerance laws that include the presence of THC, even if cannabis use is legal. Being under the influence of THC can reduce your ability to drive. It can slow your reaction time, make you feel drowsy, and distort your perception.

Penalties for Drugged Driving

Penalties for a drug-based DUI conviction are generally the same as a drunk driving conviction. Courts often use a variety of methods to discourage repeat DUI offenses.

Some of the basic consequences you may face include:

• Heavy fines
• Driver’s license suspension or revocation
• Jail time and probation

The judge can order you to perform community service hours. Some jurisdictions require you to take part in victim impact panels, which allow victims of DUI drivers to share their stories.

Court-Ordered Drug Treatment

Your state’s department of motor vehicles (DMV) will have additional requirements for you to get your driver’s license reinstated. Most states will require you to undergo substance abuse education and treatment.

Another requirement may be installing an ignition interlock device (IID). An IID prevents your vehicle from starting if the breath-testing device attached to your ignition detects alcohol. These are mandatory in many jurisdictions, particularly if you have convictions for drugs or alcohol.

A Drug DUI on Your Criminal Record

A DUI conviction stays on your record for years and will appear on most routine background checks, including the checks of employers and landlords. This may cost you future jobs and housing. It can even prevent you from getting financial aid for college. You will pay more for auto insurance.

Very few states allow expungement of a DUI conviction if you are over 21 years old.

Additional Drug Charges

If your DUI case involves suspected illegal use of drugs, you’ll likely face drug possession or other drug charges, too. These charges carry additional penalties of jail time, fines, and more.

Arrested for Driving Under the Influence of Drugs? Get Legal Help

Any type of DUI charge and conviction can have serious and long-term consequences. You can face jail time, significant fines, and loss of your driver’s license.

If you’re facing a charge of driving under the influence of alcohol or drugs, contacting a skilled DUI attorney near you is in your best interest. A DUI defense attorney can advise you of your options and fight for the best outcome.