Driving Under the Influence of Drugs Laws

Driving under the influence of drugs, or DUID, is a serious criminal offense in all fifty states. Each state, however, has its own specific laws regarding what types of substances are considered drugs, how drug impairment is determined, and the penalties for driving while impaired. Unfortunately, most drivers are unfamiliar with the driving under the influence of drugs laws in their state until they are facing charges for violating them.

In general, any substance that can impair a person’s driving abilities is classified as a drug—including over-the-counter medications, prescription drugs, and even caffeine. Unlike alcohol intoxication, which can be determined by measuring a person’s blood alcohol (BAC), drug impairment is much more difficult to detect. Drug tests can only determine whether any drugs are present in a person’s system—they cannot determine how much are present. As a result, most states simply assume that any person driving with drugs in his or her system is automatically impaired. 

Since there is no way to determine the exact amount of drugs a person has in his or her system, many states have enacted Per Se laws to prohibit drivers from operating a vehicle with any type of drug in their system. Although certain over-the-counter and prescription medications may be exempt from these laws, drivers may still face DUID charges if the prosecution can prove their driving was impaired by drugs.

In addition to Per Se DUID laws, several states have passed Zero Tolerance laws to restrict driving with any type of drug or drug metabolite (traces of drugs that remain after the drug has been broken down by the body) present in your system.  Unfortunately, many substances can remain in a person’s system for several days after it is used—marijuana, for example, can show up for two to three days later. As a result, a person can be charged with DUID long after the effects of a particular drug have worn off.

The penalties for driving under the influence of drugs vary from state to state, but often include a mandatory jail sentence. In states with Zero Tolerance or Per Se laws, even first offenders may be sentenced to time behind bars if they are found guilty of violating the state’s DUID laws. Expensive fines, license suspension, community service, and probation are also common punishments for driving under the influence of drugs.

Fortunately, being charged with driving under the influence does not necessarily mean you will be convicted of the crime. With help from an experienced DUID attorney, you may be able to reduce or even eliminate the charges against you. To determine the best defense strategy for your case, make sure you speak with a criminal defense attorney in your area immediately.