Driving Under the Influence of Drugs Zero Tolerance

If you’re like most drivers, you probably know that driving under the influence of drugs (DUID) is against the law. What you may not realize, however, is what types of substances constitute drugs from a legal standpoint.

Contrary to popular opinion, drivers do not have to use illegal narcotics in order to be charged with DUID. Driving after ingesting certain prescription medications, over-the-counter drugs, and even caffeine can also lead to criminal charges if a police officer suspects you are intoxicated. Moreover, in states with zero tolerance laws, you can be charged with DUID if you have any type of drug in your system—regardless of impairment.

As the name implies, zero tolerance laws prohibit individuals from driving while they are using any type of drug. Although prescription and over-the-counter medications are often exempt from these restrictions, if the drug in question has been proven to cause impairment, you could nevertheless be charged with DUID.

When a driver is suspected of operating a vehicle while under the influence of drugs, a blood or urine sample will usually be taken to determine whether any drugs are present in his or her system. If the test reveals any amount of drugs or drug metabolites (traces of drugs that remain in the users’ system after the drug is broken down), the individual may then be charged with DUID.

Zero tolerance laws were designed to promote safe driving and deter people from using drugs while they are driving. However, in many cases, drivers are falsely charged with DUID since these laws incorrectly assume they are impaired. In fact, because drugs can remain in a person’s system for several days after it has been used, it is possible for someone to test positive for drugs while he or she is sober—for example, a marijuana user could potentially be charged with DUID days after he or she last used the drug.

Depending on the exact penalties in your state, the punishment for DUID in areas with zero tolerance laws may include fines, community service, license suspension, and even jail time. In some cases, your vehicle may also be confiscated by law enforcement. Jail and/or vehicle impoundment are especially likely if you have been convicted of DUID in the past.

Fortunately, with help from an attorney, you may be able to challenge the charges against you and avoid conviction. To improve your chances of obtaining a favorable outcome in court, seek help from an experienced DUID attorney in your area today.