Under the Influence : Drugs & Driving

You can be arrested if you are found driving any kind of motor vehicle with drugs in your system, whether they've been prescribed to you, or are recreational in nature. Even if you have recently consumed a prescription drug that was prescribe to you by your doctor and this drug is known to have an affect on a person’s motor functions, you are still under the influence of a drug and will be treated as such if you are stopped on suspicion of DUI.

The list of prescription medications which will impair your ability to drive is lengthy to say the least. Just because a doctor has prescribed a medication to you, you should never assume that it is safe to drive or operate a vehicle.

Regardless of your state of residence, should you find yourself under suspicion for DUI, and it is discovered that you are under the influence of either prescription, over-the-counter or recreational drugs; you can be arrested for operating a motor vehicle while under the influence of a substance.

What does vary from state to state is the exact quantity of drugs permissible to have in your system while you are operating a vehicle. In Michigan, for example, a DUID can be issued if there are any drugs at all detected in a person's body.

An officer has enough reason to initiate a stop for DUI if you are exhibiting strange behavior while driving, or are driving suspiciously. In the majority of states, any police officer who observes that the suspect might have recently used drugs can contact another officer with DRE (Drug Recognition Expert) training to confirm these suspicions. The arresting officer can perform this assessment themselves if he or she has the requisite DRE training.

Once the Drug Recognition Expert (DRE) has witnessed the suspect perform some simple tasks to test their sobriety, they will make an assessment, and request a urine or blood sample to verify their initial assumptions. When the blood or urine are tested, they are checked for a variety of substances, both legal and illegal, which are known to impair motor skills, such as ice, methamphetamine, ecstasy, cocaine and marijuana, as well as prescription medications and various over-the-counter medications.

A preliminary breath test, or PBT, is typically given prior to any blood or urine samples being submitted. The PBT will check for any alcohol that you have recently consumed, while the other test focuses on the presence of drugs. If your Blood Alcohol Content is less than .05%, but you clearly have alcohol in your system, you cannot be arrested according to DUI guidelines, but you may still be subject to DUID laws.

Once again, these laws vary slightly from state to state. In Colorado, a BAC level between .05% and .08% will make you subject to a DWAI arrest. States are also legally allowed to adjust these numbers whenever they see fit.

The majority of states will permit the accused person to decide which type of test they will submit to when alcohol is involved. The test choices for an alcohol related DUI are breath, blood or urine. An officer who suspects that you are under the influence of a drug can subject you to a urine test or blood test. If the urine test is chosen by the officer, this presents an additional problem to the accused, as drugs can remain in the body for a much longer period of time than alcohol does.

Marijuana for example, is known to stay in the human body for up to 30 days. Even five days after smoking marijuana, it will remain in your body. Because of this, if you must undergo a urine test during this period of time for any reason, a DUID arrest is still possible.

Your abilities to function both physically and mentally are hindered when you consume illegal drugs (such as meth or cocaine), prescription drugs, alcohol, and even medications that can be purchased without a prescription. If you get into a vehicle under these conditions, you are endangering everyone around you, every other car, your passengers, and yourself.

Every state will have a motor vehicle regulation which addresses those who drive while under the influence. California's motor vehicle laws state that it is simply illegal to operate a vehicle in the state if there is any combination of drugs and/or alcohol in your body.

Regardless of where you live, it's critical to discuss you case with an attorney who specializes in DUI matters if you have been arrested for any DUI offense. Your attorney can describe your options to you. It is vital to find an attorney who specializes in these matters, as those without specialized experience will not be properly equipped to handle your case based on your state's particular DUI laws.

Around 18% of vehicular deaths which occur every year within the US are the result of drivers who operate motor vehicles while they have alcohol or drugs in their system. Statistics also reveal that female drivers only account for one third of these accidents, and male drivers make up the other two thirds of this demographic.

Additional resources

SR22 Insurance Quotes
SR22 Insurance By State