Impaired driving charges can come from a host of situations. It is imperative that anyone who is going to drive understands exactly what it means to be driving while impaired. The truth here is that even people who haven’t had any alcohol might face this type of criminal charge.
Drugged driving is the reason this is possible. When you take any type of medication or drugs, you run the risk of having your ability to drive safely affected. The type doesn’t really matter in these cases as long as the impairment is present.
Spring is prime allergy season, which means that some people might reach for the antihistamines. Even these common medications can lead to drugged driving charges because they can cause drowsiness and might affect your cognitive abilities. Some prescription medications, such as narcotics, might do the same thing. Illegal drugs, such as marijuana and others, can also lead to an inability to drive safely.
There is a challenge that the legal system faces when it comes to drugged driving. It is possible to determine the blood alcohol concentration (BAC) of a person who has been drinking alcohol; however, there isn’t such a test for the impairment that comes with drug use.
Even if a person has a blood test or a urinalysis, there isn’t any way that the test can determine impairment at the time of the traffic stop because drugs can stay in a person’s system much longer than the time that impairment is likely. This is a point that might be useful to bring up as part of a defense against these charges.
Source: FindLaw, “Driving Under the Influence of Drugs,” accessed May 10, 2018