Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) doesn't just refer to consuming alcohol, it also applies to drugs. There isn't a standard for determining how much of a drug makes a driver impaired the same way that there is for alcohol, which is 0.08 Blood Alcohol Content (BAC).

In 2007 the National Highway Traffic Safety Administration's National Roadside Survey included estimates for drugs that could potentially impair drivers. Prior National Roadside Surveys only included information on alcohol impairment. Participants in the survey were asked to provide oral fluids and blood in addition to the breath test. The oral fluids and blood were tested for a wide range of potentially impairing drugs, whether they were illegal drugs, prescription drugs or even over-the-counter drugs. They found that 16.3% of nighttime drivers tested positive for drugs. The most commonly detected drugs were Marijuana (THC), Cocaine and Methamphetamines.

Per Se Drug Laws

In 18 states, there are "per se" laws regarding drugs and driving. Any amount of an illegal drug in the drivers system could lead to a DUI charge. The problem with blood and urine tests is that some drugs don't leave a person's system as quickly as alcohol. This means that a positive test for something like THC could be days after the person smoked Marijuana, long after the effects have worn off.

In the remaining states prosecutors must prove that a person's ability to drive a motor vehicle was impaired by drugs. While most police officers have been trained to determine if a driver is under the influence of alcohol, some don't have any experience determining if a driver is under the influence of drugs. To help police officers to recognize drug impairment, currently 43 states, Washington DC and the Northern Mariana Islands have special training classes for police officers to become certified Drug Recognition Experts (DRE) which teaches them to identify drug impairment.

Field Sobriety Tests and Drugs

Field Sobriety Tests were developed to help police officers determine if a person was drinking and driving, but many drugs will also affect how a person performs in these tests. For example the following types of drugs will affect a divided attention test like the one-leg stand and the walk-and-turn tests:
• Depressants
• Stimulants
• PCP
• Hallucinogens
• Narcotics
• Inhalants
• THC

Additionally, depressants, PCP and inhalants can affect the Horizontal Gaze Nystagmus test. Drugs can also have other effects on the users' eyes, like dilated pupils, bloodshot eyes, difficulty focusing or a slower reaction to light.

While most people think of alcohol when they hear about DUI and DWI, it also refers to driving under the influence of drugs. Something as simple as over-the-counter cough medicine can effect a person's ability to drive a car.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about DUI/DWI Law.

Legal Site: Dallas Justice
DUI and Drug Defense Attorneys. Serving clients throughout Texas.

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