When most people think about impaired driving charges, their thoughts automatically turn to alcohol. But alcohol isn’t the only impairing substance that can negatively impact how a person operates a vehicle. Drugged driving is another possibility, and it’s one that’s much more complicated than drunk driving when it comes to criminal charges.
Drugged driving involves a person driving a vehicle while they’re under the influence of illegal substances, prescription drugs or over-the-counter medications. Even if the medication was lawfully prescribed to the driver, it can still lead to criminal charges.
Why are drugged driving cases challenging?
Drugged driving cases are complex because drug impairment is much more difficult to measure than alcohol. Some substances remain in the body long after the effects have faded. Other substances will affect people differently, depending on the dosage, tolerance, timing, medical condition or fatigue.
What types of evidence are present in drugged driving cases?
The prosecution relies on a variety of evidence in drugged driving cases. These commonly include field sobriety tests, the officers’ observation of driving behavior, the driver’s statements, chemical test results and items found in the vehicle. Each of those might be something the defense strategy can call into question, depending on the circumstances.
For example, if the driver had an illegal substance show up on a chemical test, that doesn’t mean they’re impaired by it. Some drugs stay in a person’s system for days after the impairing effects abate. So, a person who did drugs on Saturday and is pulled over on Thursday may still have the drugs in their system, but the drugs aren’t likely causing any impairment.
Building a defense on a drugged driving charge can be just as complex as the prosecution’s case. It may be beneficial for anyone facing these charges to work with someone who’s familiar with drugged driving charges.
