Driving under the influence of drugs may result in several charges including a DUI and drug charge for possession. Initially, a person driving while intoxicated by drugs will be charged with a DUI, but keep in mind that the officers and prosecution have to prove that the individual had taken drugs prior to driving.
In 2010, a survey completed by the Substance Abuse and Mental Health Services Administration determined that around 10 million people in America had driven while under the influence of illegal drugs. That doesn’t include the number of people who likely drove while influenced by prescription or over-the-counter medications.
It’s difficult to measure drug impairment, because what affects one person may not intoxicate another. For example, THC may be present in a person’s bloodstream or urine up to five weeks following the last use of marijuana. That in itself isn’t a good way to detect impairment at the time of an arrest. However, if marijuana is illegal in the state and you do not have a right to medical marijuana, just having it in your body could result in a drug charge of some kind.
Although it’s hard to measure the amount of drugs in someone’s system and how those drugs affect them, that doesn’t mean you won’t face charges. You could face a DUI for being unable to drive safely and face drug charges for having drugs in your bloodstream that you should not be in possession of. Your attorney can help you by defending your rights and protecting you against unfair treatment during any investigation or trial that takes place.
Source: FindLaw, “Driving Under the Influence of Drugs,” accessed March 30, 2018