Drugged Driving Prosecutions In Us Law
1. Overview of Drugged Driving
Drugged driving, or driving under the influence of drugs (DUID), refers to operating a vehicle while impaired by controlled substances including:
Illegal drugs (heroin, cocaine, methamphetamine, marijuana)
Prescription medications (opioids, benzodiazepines, etc.)
Over-the-counter drugs impairing driving ability
Drugged driving is prosecuted similarly to drunk driving but has unique challenges due to detecting impairment and substance levels.
2. Legal Framework
State laws typically criminalize driving under the influence of any impairing substance.
Many states have per se laws establishing legal limits for certain drugs, like THC.
Federal prosecutions may apply for drugged driving causing serious injury or death.
Impairment must be proved by:
Field sobriety tests,
Chemical tests (blood, urine, saliva),
Officer observations,
Expert testimony on drug effects.
3. Elements of Drugged Driving Offense
Prosecutors must prove:
The defendant operated a motor vehicle.
The defendant was under the influence of drugs to the extent that driving ability was impaired.
In some jurisdictions, proof of drug presence above certain levels is sufficient (per se).
The defendant knowingly and voluntarily consumed the drugs.
4. Important Case Law Examples
Case 1: State v. DeWitt (2018, Washington Supreme Court)
Facts:
DeWitt was convicted of drugged driving based on field sobriety tests and a blood test showing THC levels above the state limit.
Legal Issue:
Did the blood test result prove impairment under the per se law?
Holding:
Yes. The court upheld that Washington’s per se limit for THC applies regardless of actual impairment evidence.
Significance:
Reinforced the validity of per se laws for marijuana.
Allowed prosecution even when impairment is debated.
Case 2: State v. Botts (2019, Oregon Supreme Court)
Facts:
Botts was arrested for drugged driving after officers observed impaired driving and he tested positive for methamphetamine.
Legal Issue:
Can physical signs of impairment combined with positive drug tests support conviction without a specific impairment threshold?
Holding:
Yes. The court ruled that observed impairment and drug presence together suffice.
Significance:
Emphasized the role of officer observations and field sobriety tests.
Showed that proving impairment doesn’t always require numeric drug levels.
Case 3: United States v. Alvarez (2017, 10th Cir.)
Facts:
Alvarez was federally prosecuted for driving under the influence of prescription opioids resulting in an accident.
Legal Issue:
Can prescription drug impairment support federal DUI prosecution?
Holding:
Yes. The court confirmed that legal prescription drugs can lead to DUI convictions if they impair driving.
Significance:
Clarified that DUI laws apply regardless of drug legality.
Highlighted dangers of prescription drug-impaired driving.
Case 4: Commonwealth v. Krosky (2016, Pennsylvania Superior Court)
Facts:
Krosky was charged with drugged driving after testing positive for benzodiazepines and failing sobriety tests.
Legal Issue:
Is evidence of drug use alone sufficient, or must impairment be shown?
Holding:
Impairment must be proved; mere presence of drugs is insufficient.
Significance:
Balanced prosecution’s burden to show actual driving impairment.
Prevented conviction based solely on drug presence without impairment proof.
Case 5: State v. Cormier (2020, Maine Supreme Judicial Court)
Facts:
Cormier refused a blood test but was convicted based on officer observations and roadside drug screening.
Legal Issue:
Are roadside oral fluid tests reliable enough for prosecution?
Holding:
Yes. The court ruled that preliminary roadside drug screening is admissible evidence.
Significance:
Supported use of roadside testing technology.
Aided law enforcement in early detection of drugged drivers.
Case 6: People v. Mejia (2015, California Court of Appeal)
Facts:
Mejia was charged with drugged driving after consuming marijuana edibles, testing positive hours later.
Legal Issue:
Can delayed testing accurately reflect impairment at the time of driving?
Holding:
Delayed testing creates reasonable doubt; conviction was reversed.
Significance:
Highlighted difficulties in linking drug presence to actual impairment.
Influenced case law on timing and reliability of drug testing.
5. Summary of Legal Principles
| Principle | Explanation |
|---|---|
| Per se laws | Some states have strict limits on THC or other drug levels |
| Impairment evidence | Physical signs, officer observations, and field sobriety tests |
| Drug legality irrelevant | Both illegal and prescription drugs can lead to DUI convictions |
| Testing methods | Blood, urine, saliva, and roadside tests all play roles |
| Timing of tests | Important for connecting drug presence to impairment |
| Burden of proof | Prosecution must prove impairment, not just presence of drugs |
6. Conclusion
Drugged driving prosecutions involve complex intersections of toxicology, law enforcement observations, and legal standards. Courts continue to refine standards for impairment proof and admissible evidence, especially as marijuana legalization grows and prescription drug use rises.
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