Meet the new drunk driving: driving under the influence of drugs. Yes, you may want to read that again. Drugs, even those prescribed by your doctor, can lead to a DUI arrest and conviction. The concept may seem strange, since the thought of the words “drunk” and “drugs” don’t necessarily cause you to think they’d go hand in hand without the presence of alcohol.
However, prescription drug abuse continues to be a problem in our country. Additionally, driving deaths as a result of drug intoxication are also steadily rising.
In fact, according to a 2010 report by the National Highway Traffic Safety Administration (NHTSA):
- about 4,000 people die each year with drugs in their system
- 57% of fatally injured drivers had alcohol and/or other drugs in their system – 17% had both
Add these facts to the 2014 National Survey on Drug Use and Health (NSDUH), which presented the following:
- 10 million people aged 12 or older reported driving under the influence of illicit drugs the year prior
Houston, we’ve got a problem. Law enforcement across the country are cracking down on driving under the influence of drugs (DUID). This includes prescription, and most notably, medical cannabis. More and more drivers are finding themselves being arrested for having drugs in their system while driving. However, convictions continue to be difficult for law officials, particularly for those with experienced defense attorneys on their side.
Here’s everything you need to know about prescription drug DUI’s:
A Brief History of Prescription Drug Abuse in the US
Prescription drug abuse has been around for more than a century.
Laudanum, a mix of opium and alcohol, was used in the 1800s by doctors for pain, sleepiness, coughing, and diarrhea. Women were most likely to abuse and become addicted to laudanum as they were not allowed to go to bars or saloons or be seen drinking. Doctors prescribed it for childbirth, menstruation pain, and emotional problems.
Morphine was also manufactured in the 1800s and was used during the American Civil War to treat shrapnel wounds of soldiers. The doctor who invented Coca-Cola developed a morphine addiction during this time and was looking for a remedy. He added cocaine to the drink and began to sell it in an Atlanta pharmacy.
Heroin started out as a product made by the Bayer Company in 1898, also marketed as a remedy for morphine addiction. In the early 1900s, all these addictive substances became regulated under the Harrison Tax Act which required an official prescription from a doctor. It helped somewhat to control casual distribution.
Methamphetamine and amphetamine started to be prescribed in the 1920s. These drugs are the medical equivalent of cocaine and were used in over-the-counter inhalers for asthma. It was soon used for non-medical purposes, like keeping pilots and soldiers awake during World War II. Methamphetamine was so easy to make, people set up their own labs to make it.
As you know, this is still occurring today. In more recent decades there has been a rise in the prescription of opioids, as well as depressants and stimulants. This has also led to the abuse of these prescription drugs. Use of drugs like codeine, Vicodin, Percocet, Xanax, and fentanyl have all contributed to the prescription drug epidemic in the US.
Drug DUIs can be hard to convict
Some states have zero-tolerance laws for drugged driving. This means you can be charged with driving under the influence even with only a small amount detected in your system. Drug swabs are used at DUI checkpoints to detect certain chemicals. They are sensitive enough to detect prescription drugs like Xanax.
If you fail, a blood test can then be performed. A warrant is most likely needed to perform the blood test. In a roadside survey, more than 22% of drivers tested positive for drugs in blood and/or oral tests. However, testing positive on a blood test does not automatically mean a conviction.
Drugs stay in the blood for a long time after they would have any potential effect on a person’s ability to drive. This rings true for urine tests as well. Comparatively, drugs stay in the body longer than alcohol. This makes it hard to determine the level of driver impairment at the time of the stop.
In addition to this, another method used to determine impairment are Drug Recognition Experts (DREs). These are police officers with special training who look for signs of impairment, such unusual eye movements and erratic behavior.
Knowledge of this and the following information could help should you find yourself in this kind of situation:
Things You Need to Know about Drug DUI
- You can be charged with DUI for using medical marijuana.
Marijuana can slow reaction time and decrease coordination.
As more states write legal medical and recreational marijuana use into law, it has created some points of contention with drivers and law enforcement officials.
Although medical marijuana is legal in some states, it is still considered illegal to operate a motor vehicle while under its influence.
If proven to be impaired by marijuana, you can be charged with DWI.
Arizona is exempt from medical marijuana DUI charges.
- Prescription drugs are commonly found in drug DUIs.
You can also be charged with DUI if under the influence of prescription drugs.
Even if they are prescribed specifically to you, they can affect your ability to drive and cause you legal drama.
Two of the most common prescription drugs found in drug DUIs are Ambien and Xanax.
Ambien is a sleeping pill used to treat insomnia. There are side effects such as drowsiness, dizziness, problems with coordination, and visual change.
Xanax is an anxiety medication and has many of the same side effects including drowsiness, blurred vision, and also trouble with concentration.
Other common prescription drugs involved in drug DUIs are painkillers like Vicodin, Percocet, and OxyContin, which also affect reflexes and reaction times.
These side effects must be considered before driving.
- Drugged driving is particularly dangerous amongst teenagers and millennials
These age groups tend to be less experienced drivers and are more likely to conduct risky driving behaviors, such as speeding.
Car crashes are the leading cause of death for 16 – 19-year-olds with more than a third of teens believing they are better drivers under the influence of marijuana.
Millennials have recently been dubbed the worst drivers.
Accompany this with substance abuse, it is a scary situation.
Illicit drug use while driving was reported highest among 18 – 25-year-olds, with 10.6% admitting to driving under the influence of drugs.
The Future of Prescription Drugs and DUI’s
The way law enforcement officials charge and convict DUI offenders needs attention.
There is a need for a more conclusive and accurate tests to determine the level of driver impairment. 
Also, there is room for improvement to make the job of a drug recognition expert more standardized. This could include standardized paperwork and extensive training that is the same for every officer.
As the level of substance abuse and addiction continues to increase, it is more than likely that more precise laws will be written to deter people from engaging in such activities.
Doctors will also continue to get heat for the ways they prescribe dangerous medications.
They have to enforce more caution when prescribing such drugs and ensure patients are aware of the side effects associated with their medicines.
What to do if you find yourself facing a drug DUI?
If you find yourself in this position, it is not the end of the world.
Remember, convictions can be hard to reach.
There are several ways to beat a DUI such as saying you mistakenly took the wrong pill or were involuntarily drugged.
Beating a DUI could save you a lot of turmoil as the consequences for a convicted DUI can be heavy.
Though, this advice does not beat the help of an attorney.
The best thing to do in this situation is to contact a DUI attorney. The attorney has the knowledge needed to present the best legal defense and represent you during this time.
However, if substance abuse is an issue, checking into a treatment center after sorting through the legal issues should also be an option. Getting help and finding the right form of treatment make up the foundation of your success.
We at Driver’s License Restorers, are a great resource to find an attorney at law or a treatment center. There is a directory for each, listed by state, to you help you find the right attorney or program.