Road safety advocates often prioritize drunk driving awareness. While everyone with a license has already completed training that likely included information about the dangers of drunk driving, reminding people about the risks is critical to deterring drivers from making patently unsafe decisions.
Of course, alcohol is not the only mind-altering drug that can impair driving capabilities. Many different substances can affect people’s cognitive capabilities, wakefulness and motor function. Prescription medications, prohibited drugs and even over-the-counter remedies can theoretically impair people’s ability to drive safely.
Does the state have different rules for drugged driving offenses as compared to drunk driving offenses?
The charges remain the same
Any driver accused of operating a motor vehicle while in a chemically impaired state could face driving under the influence (DUI) charges. The charges the state pursues are the same regardless of what substance an individual consumed.
Drugged driving leads to the same charges and therefore the same potential penalties as drunk driving. However, there are two important differences between drugged driving and drunk driving cases. The first is a lack of a chemical threshold.
When a DUI charge relates to alcohol, the state must show that the driver either demonstrated impaired ability or had a blood alcohol concentration (BAC) over the current limit. There is no limit that applies in a drugged driving case. Admitting to having taken medications that could affect driving capabilities or failing a drug test is adequate reason for the state to pursue drug-related DUI charges.
The second difference is the social stigma. Drunk driving is relatively common, which means that first-time offenders without any aggravating factors might be eligible for lenient sentencing in some cases. The penalties possible after a first conviction include up to six months in jail, between $500 and $2,000 in fines and a driver’s license suspension lasting between six months and a year.
In a drugged driving case, increased social stigma could influence the sentencing process. The courts may be more likely to impose the maximum possible penalties when people are under the influence of dangerous drugs as opposed to alcohol.
Anyone facing DUI charges may need support if they plan to fight the charges they face or negotiate a plea deal with the prosecutor’s office. Learning more about impaired driving statutes can help motorists respond appropriately to drugged driving allegations.
