A driving under the influence (DUI) charge is possible anytime police officers catch someone on the road with an elevated blood alcohol concentration (BAC). Even those who might be slightly under the legal limit could face prosecution if they demonstrate a clearly impaired ability to properly operate their vehicles. People who regularly enjoy alcohol may be cautious about ensuring that they don’t drive after drinking.
They aren’t the only ones who need to consider the risks before driving. Those who may experiment with recreational drugs or take prescribed medication can also be at risk of impaired driving charges. Motorists may not know what to expect in a scenario where police officers accuse them of drugged driving during a traffic stop or after a collision.
What is different about a case involving drugged driving as opposed to drunk driving?
The standards for arrest are different
In a drunk driving DUI case, the arresting officers have to establish that a driver either had impaired ability or that they exceeded the lawful limit for their BAC. There is no legal limit for illicit drugs or prescription medication. An admission of consuming mind-altering substances or a failed chemical test indicating the presence of dangerous drugs can be enough to warrant impaired driving charges related to drugs.
An individual does not necessarily need to display clear impairment or be over a specific chemical threshold to be at risk of prosecution. Frequently, motorists put themselves at risk of arrest and criminal charges by volunteering information about their prescribed medication or their decision to take over-the-counter drugs for a cold.
The same charges generally apply
There isn’t a separate statute or criminal charge for drugged driving DUI offenses as opposed to drunk driving. In both cases, motorists may face DUI charges and the same penalties. Still, judges may view drugged driving as a more serious version of impaired driving. They might be more inclined to hand down a harsh sentence when a motorist is under the influence of dangerous or prohibited drugs as opposed to alcohol.
Motorists accused of drugged driving typically need help responding to avoid a DUI conviction. Those who fight drugged driving charges may be able to limit their risk of incarceration, fines and a driver’s license suspension.
