Drug–impaired driving

Drug–impaired driving is the act of driving a motor vehicle while under the influence of an impairing substance.

United States

According to the US National Highway Traffic Safety Administration's Drug Evaluation and Classification program (DEC), a drug is “any substance that, when taken into the human body, can impair the ability of the person to operate a vehicle safely."[1] Under this definition, alcohol would be classified as a drug. For the purposes of this article, drug impaired driving is the use of drugs other than alcohol and the effect on driving.

Detection

Testing for alcohol concentration is performed using three methods – blood, breath, or urine. For law enforcement purposes, breath is the preferred method, since results are available almost instantaneously. Drug testing screens are typically performed in scientific laboratories so that the results will be admissible in evidence at trial.

Due to the overwhelming number of impairing substances that are not alcohol, drugs are classified into different categories for detection purposes. Drug impaired drivers still show impairment during the battery of standardized field sobriety tests, but there are additional tests to help detect drug impaired driving.

The Drug Evaluation and Classification program is designed to detect a drug impaired driver and classify the categories of drugs present in his or her system.

The DEC program breaks down detection into a twelve step process that a government-certified Drug Recognition Expert (DRE) can use to determine the category or categories of drugs that a suspect is impaired by. The twelve steps are

  1. Breath Alcohol Test
  2. Interview with Arresting Officer
  3. Preliminary Evaluation
  4. Evaluation of the Eyes
  5. Psychomotor Tests
  6. Vital Signs
  7. Dark Room Examinations
  8. Muscle Tone
  9. Injection Sites
  10. Interrogation of Suspect
  11. Opinion of the Evaluator
  12. Toxicological Examination[2]

DREs are qualified to offer expert testimony in court that pertains to impaired driving on drugs. The use of the twelve step process is scientifically validated by numerous field studies.

Drug categories

The DEC program recognizes seven separate categories of impairing drugs:[3]

Laws

In The United States, nineteen states have laws in effect that punish drug impaired driving.[4] All states but West Virginia have a Drug Recognition Expert program.[5] The following states have drug statutes enacted

Alaska – Statute 28.35.030 – “ (a) A person commits the crime of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance if the person operates or drives a motor vehicle or operates an aircraft or a watercraft while under the influence of an alcoholic beverage, intoxicating liquor, inhalant, or any controlled substance, singly or in combination"[6]

Arizona “A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances: 1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree. "[7]

Colorado – Statute 42-4-1301 – Colorado law prohibits a person from driving a vehicle while under the influence of alcohol or drugs or while the person's ability to drive is impaired by alcohol or drugs. Section IV states "If at such time the driver's blood contained five nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood, as shown by analysis of the defendant's blood, such fact gives rise to a permissible inference that the defendant was under the influence of one or more drugs."[8] DUI-D cases often involve these two police tools: (1) a voluntary Drug Recognition Evaluation (DRE) which is similar to a field sobriety test and allows police officers to draw conclusions about a drivers impairment, and (2) a blood test to screen and confirm traces of drug use in a defendant's system.[9]

Delaware – “In Delaware, you may be arrested for Driving Under the Influence (DUI) if you are driving, operating, or in actual physical control of a vehicle, an off-highway vehicle, or a moped while under the influence of alcohol or other drugs.

A chemical test indicating .08% blood alcohol concentration (BAC) or greater, or the presence of any drug, prescription or illegal, substance is sufficient for a DUI conviction. You may be arrested for DUI with a chemical test greater than .05%"[10]

Georgia - (a) A person shall not drive or be in actual physical control of any moving vehicle while:

  1. Under the influence of alcohol to the extent that it is less safe for the person to drive;
  2. Under the influence of any drug to the extent that it is less safe for the person to drive;
  3. Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
  4. Under the combined influence of any two or more of the substances specified in paragraphs 1 through 3 of this subsection to the extent that it is less safe for the person to drive"[11]

Illinois – “A person shall not drive or be in actual physical control of any vehicle within this State while:

  1. the alcohol concentration in the person's blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11 501.2;
  2. under the influence of alcohol;
  3. under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
  4. under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;
  5. under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving"[12]

Indiana - An operator of a motor vehicle whose alcohol concentration is greater than or equal to .08 grams and less than .15 grams of alcohol per 100 milliliters of blood or 210 liters of breath commits a Class C Misdemeanor. Driving with any schedule I or II substance as defined by IC 25-48-2 (such as marijuana, methamphetamine or cocaine) or its metabolite in his/her body commits a Class C Misdemeanor, punishable by up to 60 days in prison and up to a $500 fine. (IC 9-30-5-1)” [13]

Iowa – “Iowa's OWI law states that it is unlawful to operate a motor vehicle in Iowa:

Michigan - Under Michigan law, it is illegal to drive:

Minnesota – “1) to drive, operate, or be in control of any motor vehicle anywhere in the state while:

Mississippi – “(1) It is unlawful for any person to drive or otherwise operate a vehicle within this state who (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance which has impaired such person's ability to operate a motor vehicle; (c) has an alcohol concentration of eight one-hundredths percent (.08%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, or two one-hundredths percent (.02%) or more for persons who are below the legal age to purchase alcoholic beverages under state law, in the person's blood based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of such person's breath, blood or urine administered as authorized by this chapter; (d) is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law; or (e) has an alcohol concentration of four one-hundredths percent (.04%) or more in the person's blood, based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of such person's blood, breath or urine, administered as authorized by this chapter for persons operating a commercial motor vehicle.” [17]

Nevada - "1. It is unlawful for any person who:

2. It is unlawful for any person who:

                                               Urine (ng/ml)                Blood  (ng/ml)                                                                               
    Prohibited substance                                 

    (a) Amphetamine                               500                          100
    (b) Cocaine                                   150                           50
    (c) Cocaine metabolite                        150                           50
    (d) Heroin                                  2,000                           50
    (e) Heroin metabolite:
          (1) Morphine                          2,000                           50
          (2) 6-monoacetyl morphine                10                           10
    (f) Lysergic acid diethylamide                 25                           10
    (g) Marijuana                                  10                            2
    (h) Marijuana metabolite                       15                            5
    (i) Methamphetamine                           500                          100
    (j) Phencyclidine                              25                           10

North Carolina - "(a) Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:

  1. While under the influence of an impairing substance; or
  2. After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or
  3. With any amount of a Schedule I controlled substance, as listed in G.S. 90 89, or its metabolites in his blood or urine. "[19]

Ohio - "(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:

(vi) The person has a concentration of L.S.D. in the person’s urine of at least twenty-five nanograms of L.S.D. per milliliter of the person’s urine or a concentration of L.S.D. in the person’s whole blood or blood serum or plasma of at least ten nanograms of L.S.D. per milliliter of the person’s whole blood or blood serum or plasma. (vii) The person has a concentration of marihuana in the person’s urine of at least ten nanograms of marihuana per milliliter of the person’s urine or has a concentration of marihuana in the person’s whole blood or blood serum or plasma of at least two nanograms of marihuana per milliliter of the person’s whole blood or blood serum or plasma. "[20]

Pennsylvania - "(d) Controlled substances.--An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:

  1. There is in the individual's blood any amount of a:
    1. Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act;
    2. Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or
    3. metabolite of a substance under subparagraph (i) or (ii).
  2. The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
  3. The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
  4. The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances). "[21]

Rhode Island - "§ 31-27-2 Driving under influence of liquor or drugs. – (a) Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3) and shall be punished as provided in subsection (d) of this section.

B. Any person charged under subsection (a) of this section whose blood alcohol concentration is eight one-hundredths of one percent (.08%) or more by weight as shown by a chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of this section. This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these, to a degree which rendered the person incapable of safely operating a vehicle. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section. "[22]

South Carolina – “(A) It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired. A person who violates the provisions of this section is guilty of the offense of driving under the influence and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:" [23]

Utah - "1. A person may not operate or be in actual physical control of a vehicle within this state if the person:

  1. has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
  2. is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
  3. has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.

Virginia - "It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v). "[25]

Wisconsin - "It is illegal in Wisconsin for a driver over the age of 21 to operate a motor vehicle:

Canada

See also Impaired driving in Canada.

Criminal Code Offences

In Canada, it is an offence under the federal Criminal Code to drive a motor vehicle if one's ability to drive is impaired by a drug.[27] This is the same offence as driving while impaired by alcohol and carries the same penalties as alcohol-impaired driving.

A charge of impaired driving can be tried either summarily or by indictment. The Crown prosecutor can elect which method to proceed under, based on the seriousness of the offence, but if harm has occurred to another person, the charge must proceed by indictment.

Range of Penalties

Summary Proceedings

If a charge is tried summarily, the accused faces the following sentences if convicted:[28]

Indictable Proceedings

If a charge is tried by indictment, the penalties upon conviction are more severe:

Samples of bodily fluids

If the police have reasonable grounds to believe that a motorist's ability to drive is impaired by a drug, they can make a demand for samples of oral fluids, urine or blood for analysis.[32] If the motorist refuses to provide the sample, it is an offence,[33] and carries exactly the same potential penalties as the offence of impaired driving.[34]

Driving prohibitions and licence suspensions

Upon a conviction for drug-impaired driving, there is in all cases a mandatory driving prohibition as part of the sentence under the Criminal Code:[35]

In all cases, these periods of prohibition are in addition to the time for which the accused is sentenced to imprisonment.

In addition to the driving prohibitions as part of the sentence for the criminal offence, the provinces can impose licence suspensions under provincial law.[36]

References

  1. ↑ Drug Evaluation and Classification Program. NHTSA. pp. Sec. 2 Pg. 3.
  2. ↑ Drug Evaluation and Classification Program. NHTSA. pp. Sev IV Pg. 5–6.
  3. ↑ Drug Evaluation and Classification Program. NHTSA. pp. Sec. II Pg. 3–4.
  4. ↑ "Governor's Highway Safety Administration".
  5. ↑ "Governor's Highway Safety Administration".
  6. ↑ "Alaska Statutes".
  7. ↑ "Arizona Statutes".
  8. ↑ "LexisNexis® Custom Solution: Colorado Revised Statutes Research Tool". www.lexisnexis.com. Retrieved 2016-01-14.
  9. ↑ "Driving Under the Influence of Drugs | DUI-D | Tiftickjian Law Firm". Tiftickjian Law Firm, P.C. https://plus.google.com/114729824149775225777/about. Retrieved 2016-01-14. External link in |publisher= (help)
  10. ↑ "Delaware Statutes".
  11. ↑ "Georgia Statutes".
  12. ↑ "Illinois Statutes".
  13. ↑ "Indiana Statutes".
  14. ↑ "Iowa Statutes".
  15. ↑ "Michigan Statutes".
  16. ↑ "Minnesota Statutes" (PDF).
  17. ↑ "Mississippi Statutes".
  18. ↑ "Nevada Statutes".
  19. ↑ "North Carolina Statutes".
  20. ↑ "Ohio Statutes".
  21. ↑ "Pennsylvania Statutes".
  22. ↑ "Rhode Island Statutes".
  23. ↑ "South Carolina Statutes".
  24. ↑ "Utah Statutes".
  25. ↑ "Virginia Statutes".
  26. ↑ "Wisconsin Statutes".
  27. ↑ Criminal Code, RSC 1985, c C-46, s 253(a).
  28. 1 2 Criminal Code, RSC 1985, c C-46, s 255(1).
  29. ↑ Criminal Code, RSC 1985, c C-46, s 255(2).
  30. ↑ Criminal Code, RSC 1985, c C-46, s 255(3).
  31. ↑ Corrections and Conditional Release Act, SC 1992 c. 20, s 120(2).
  32. ↑ Criminal Code, RSC 1985, c C-46, s 254(3.4).
  33. ↑ Criminal Code, RSC 1985, c C-46, s 254(5).
  34. ↑ Criminal Code, RSC 1985, c C-46, s 255(1),(2.2),(3.2).
  35. ↑ Criminal Code, RSC 1985, c C-46, s 259(1).
  36. ↑ Ontario: Driver's Handbook - Other Ways to Lose Your Licence
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