A large portion of people accused of a driving under the influence (DUI) offense have had too much alcohol before driving. After encountering a sobriety checkpoint, getting pulled over or crashing, drivers who have had too much to drink may end up facing DUI charges.
Chemical impairment does not always involve alcohol. Other substances can negatively affect driving capabilities. Both illegal drugs and prescription medications can diminish someone’s ability to drive safely. In fact, there are even over-the-counter medications that can negatively impact driving skills.
Technically, drugged driving charges are also DUI offenses rather than a separate crime. The same basic penalties and charges apply regardless of what substance affected a motorist’s abilities. Even so, how does getting charged for drugged driving differ from getting charged for drunk driving?
There is no set chemical limit
In a drunk driving scenario, allegations often follow a failed chemical test. If the state can show that someone is over the legal limit for their blood alcohol concentration (BAC), then that is sufficient reason for their prosecution. They do not have to drive poorly to face criminal prosecution.
Drugged driving cases are less complicated in some ways. Specifically, the state doesn’t have to establish that someone was over a chemical threshold because there is no chemical threshold. There are no legal limits established for prescription medication, over-the-counter substances or prohibited drugs.
In drugged driving DUI cases, the state does not need to prove the driver struggled to control the vehicle. Testing positive for any drug known to affect driving ability can be enough to warrant DUI charges.
Drugged driving may carry more stigma
Regardless of the type of drug involved, those facing drugged driving accusations may face more of an uphill battle. Prosecutors may be less inclined toward lenience, and judges may feel more compelled to hand down the maximum possible penalties given the circumstances.
Drugged driving allegations can also have significant career consequences if the person accused pleads guilty. Other people may judge those accused of drug-impaired driving more harshly than those prosecuted for alcohol-based offenses.
Understanding the ways in which drugged driving DUI charges differ from alcohol-based charges can help people plan a reasonable response. There may be a number of viable defense strategies available to those who want to fight back when accused of impaired driving based on drugs rather than alcohol.