Drugged driving is the new buzzword circling around police departments and DA’s offices. There is a concern that as marijuana use becomes more widely accepted, it will also lead to an increase in rates of drugged driving. Comprehensive studies are still years away, but preliminary data from police departments do suggest an uptick in drugged driving arrests. This post will go over the changes in the law and on the ground as they stand now.
Most drunk driving laws apply to drugged driving because they only discuss impaired driving, not the circumstances of how the driver becomes impaired in the first place. Additionally, consider that DUI checkpoints can also check you for being under the influence of drugs.
While there are no reliable marijuana breathalyzers, several police departments are pursuing promising leads in the private industry. It is likely a breathalyzer is not far in the future. Until the breathalyzer is introduced, officers rely on their intuition and the administration of field tests. Unfortunately, field tests are notoriously inaccurate. Furthermore, it is well known that the quality of the execution of the field test influences heavily whether or not someone passes it.
Keep in mind that being under the influence of prescription drugs counts as drug abuse as well.
Were you arrested for driving while under the influence of drugs? If so, you should contact a defense attorney at your earliest convenience. Part of the concern is that these crimes are relatively new therefore standard investigation practices haven’t been formed. The more “fluid” a crime or situation, the higher likelihood you could face significant consequences, including prison time. A lawyer can help ensure that you are treated fairly by the police and courts.