Driving and Drugs

Driving under the Influence of drugs

A driver may face charges of driving under the influence of alcohol or any drug. Though most people associate DUI charges with alcohol, driving "under the influence" of a controlled substance - whether a prescription drug or illegal narcotic - will result in the same criminal charges and penalties as a standard drunk driving offense.

Driving under the influence of drugs cases can be more difficult for the prosecution as opposed to alcohol, because there are no set levels or "per se" amounts of various drugs that will automatically be presumed to affect driving ability. Simply because a person has taken a drug does not mean their driving ability is diminished, just as mere consumption of alcohol does not necessarily do so either.

Thus, to be "under the influence" a driver's ability to drive must be compromised to some extent; their "ability" must be diminished to the extent it can be measured or ascertained. This is a very open question in most drug cases.

In some instances, a state toxicologist can offer an opinion on whether a lab report is definitive proof the person has an unusually high amount of a drug in their blood samples; levels that exceed a therapeutic level or enhance effects of other medications when taken together. Most often, however, the prosecution must rely on the effects on the person in question, typically by asserting that the field sobriety tests or the person's behavior as observed by the officer can readily translate into a general proof that the drugs had a negative impact on their driving ability.

Legal or illegal drugs

Drug DUI charges can arise from prescription medications, or even over-the-counter drugs, as well as illegal street drugs, as long as they impair the defendant's driving abilities. Prescription drugs are an area of growing concern in regard to DUI charges in Washington and nationwide. With both legal and illegal prescription drug use at a high level in the general population, the chances of a driver being arrested for being under the influence has increased greatly.

Our view is prescription medications cases often deserve a reduction in charges, from DUI to some lesser offense. The fact that a person has been proscribed a drug is not an affirmative defense to DUI, but in our view, these cases should be treated less severely; not because a person is necessarily less affected in some cases, but because there is usually less realization on a person's part that a given medication will affect their driving ability.

We are very knowledgeable in this area

These cases present their own complexities and may prove more difficult for the prosecuting attorney to prove. Surprisingly few prosecutors have any experience bringing them. In contrast, we have extensive experience in DUI drug cases, so we are able to aggressively challenge them in court. In fact, you might be surprised how our firm can recognize opportunities to challenge your charges, where other DUI defense attorneys would not recognize them!

If you have a "drug" DUI, get a lawyer who knows what they are doing. We feel strongly that many DUI cases victimize individuals who are taking therapeutic levels of drugs prescribed by their doctor, with no evil intent or clear awareness that they have offended the DUI law. Call us if you are one of them.

It can happen so easily, and it does, to so many people.