{"id":286712,"date":"2016-04-04T10:45:08","date_gmt":"2016-04-04T15:45:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/charges\/driving-under-the-influence-of-drugs.html"},"modified":"2026-04-29T15:23:07","modified_gmt":"2026-04-29T20:23:07","slug":"driving-under-the-influence-of-drugs","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/charges\/driving-under-the-influence-of-drugs.html","title":{"rendered":"Driving Under the Influence of Drugs"},"content":{"rendered":"\n
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Driving Under the Influence of Drugs<\/h1>\n\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Driving under the <\/span>influence<\/span> of any drug<\/span> that affects your mental and physical ability to stay safe on the road is illegal. Police typically use breath, urine, and blood tests<\/span> to measure drugs in a driver\u2019s body. State laws prohibit both illegal drug<\/span> possession and drug <\/span>impairment<\/span> while driving. So, a drug-related <\/span>DUI<\/span> case<\/span> may also involve drug crime charges.<\/p>\n\n <\/div>\n\n\n\n

When people think about getting arrested for driving under the influence<\/span> (DUI), alcohol usually comes to mind. But driving under the influence<\/span> of any intoxicating substance can lead to a DUI charge<\/span>. DUI offenses<\/span> can also involve a driver\u2019s use of legal and illegal drugs<\/span>.<\/p>\n

Law enforcement<\/span> officers<\/span> don\u2019t treat these cases lightly. Evidence suggests an increased crash risk<\/a> for drug-impaired driving<\/span> compared to alcohol-impaired driving<\/span>. Criminal drug offenses and DUI charges<\/span> carry serious penalties.<\/p>\n

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

Get legal advice<\/span> from a drug or DUI <\/span>defense<\/span> lawyer<\/span><\/a> as early in your case as possible. An attorney can protect your rights and answer your questions after a DUI arrest<\/span>.<\/p>\n

Criminal Charges<\/span> for Drug-Impaired Driving<\/span><\/h2>\n

It is illegal in all states to operate a motor vehicle<\/span> 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 \u2014 if not more than \u2014 alcohol.<\/p>\n

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

You can face additional criminal charges<\/span> if you possess illegal substances<\/span> when you\u2019re arrested. You may also face charges for possession<\/a> of an illegal or controlled substance<\/span> in addition to a DUI. These separate drug charges<\/span><\/a> add to the potential penalties of the DUI charges<\/span>.<\/p>\n

Which Drugs Could Lead to a DUI Charge<\/span>?<\/h2>\n

Some of the recreational and illegal drugs<\/span> involved in DUI drug cases include:<\/p>\n