Driving Under the Influence of Drugs (DUID)

Most drivers know that it is against the law to operate a vehicle while under the influence of drugs. What many may not realize, however, is just what types of substances are considered drugs in the eyes of the law. Unbeknown to many, drivers can be charged with driving under the influence of drugs (DUID) if they are operating a vehicle while using illegal narcotics, prescription medications, over-the-counter drugs, and even caffeine.

Although each state has its own DUID laws, any substance that can impair a person’s driving abilities is generally classified as a drug. In addition, because drug impairment can be more difficult to determine that alcohol intoxication, many states have passed per se laws to prohibit driving with any type of drug in your system. While certain prescription and over-the-counter medications are exempt from many per se laws, it is important to be aware of the exact DUID laws in your state.

Unlike alcohol, drug use cannot be detected through a breath test. Blood tests can also be unreliable, as they are often unable to determine the exact types of drugs in a person’s system. As a result, many DUID charges are based on observations and other subjective information, such as the driver’s physical appearance, his or her performance on field sobriety tests, and how he or she was driving prior to being stopped. Any statements the driver makes, as well as his or her conduct at the time of the arrest, may also be used as to support a DUID charge.

Since there is no standard test to determine whether a person is driving under the influence of drugs, many states educate officers on how they can recognize certain signs of drug impairment. In these areas, officers undergo training to become registered Drug Recognition Experts (DRE), and are thereby deemed qualified for determining if a suspect is under the influence of any type of drug.

If you have been charged with driving under the influence of drugs, it is important to contact an experienced DUID attorney immediately. In many cases, a skilled lawyer may be able to keep certain evidence from being used against you in court. For example, if the officer who arrested you has not been trained to recognize signs of drug impairment, your case may be dismissed.

To learn more about the specific DUID laws in your area, make sure you discuss your case with a highly trained criminal defense attorney. Remember, driving under the influence of drugs is a criminal offense that may carry severe penalties such as expensive fines, a mandatory license suspension, and even jail time. Protect your rights—contact a local attorney who specializes in DUID cases today.