Holiday DUI and DWI Campaigns Also Targeting Drugged Drivers

December 22, 2011

When most people hear the acronyms DUI and DWI, they think of someone accused of driving after having had a few too many cocktails. That is definitely not always the case, though. Laws in Arizona and across the country prohibit driving under the influence (DUI) of or driving while impaired (DWI) by not only alcohol but any other substance -- legally prescribed medications, over the counter remedies, herbs, supplements and more -- that influences the concentration, attention span, motor skills, judgment and reaction time of the driver. In fact, the Centers for Disease Control reports that approximately 18 percent of all motor vehicle driver deaths involve drugs instead of alcohol.

The nationwide "Drive Sober or Get Pulled Over" campaign running until after the new year is not only aimed at getting drunk drivers off the roadways; it wants to find drugged drivers as well. Even knowing that there are countless drugs -- legal and illicit alike -- that can substantially impair the competent performance of a vehicle's operator, drugged driving is oftentimes not taken as seriously by drivers or law enforcement officials. It rarely appears in public service campaigns of advocacy groups like Mothers Against Drunk Driving (MADD) or in those produced by the National Highway Traffic Safety Administration (NHTSA).

Part of the difficulty in catching and punishing drugged drivers is the lack of a reliable standard concentration of the drug in a motorist's system before it can be determined that he or she is operating under the influence of a drug. Some states -- Arizona included -- have passed what is known as a "per se influence" law, where a driver will be charged with DUI or DWI if he or she has any detectable level of one of a list of prohibited substances in his or her system. Other states use a more vaguely defined standard of drugged driving as that which occurs when the driver is "incapable of driving safely" or is "impaired by" the effects of a drug.

No matter how your state defines drugged driving, if you get behind the wheel of a car after having taken a prescription drug, over-the-counter medication, supplement or herb that affects your body's motor skills, concentration and judgment, you could be putting yourself and others in danger. If you feel you have been unfairly charged with a DUI or DWI in conjunction with alleged drugged driving, though, consult an experienced criminal defense attorney in your area to learn more about your legal options and start fighting to protect your rights.

Article provided by The Gillespie Law Firm, PC
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