LIM & CO, WILLY
Usually, when most people think of “UI” they immediately think of alcohol. However, driving under the influence of drugs (DUI drugs) – whether prescription or illegal — is just as serious an offense, and is garnering increased attention from prosecutors and jurisdictions across the nation.
The NHTSA developed the Drug Recognition Program to help address the growing concern over rug-related DUI offense. Before the program’s inception, authorities struggled to adequately prove that the suspect was DUI drugs at the time of arrest. Complex variables and influencing factors, as well as scientific issues in testing and identifying the presence of drugs made effective testing difficult. The Drug Recognition Program consists of specially trained experts who are dispatched to the scene to help determine the likelihood that the person being charged was under the influence of drugs.
While their preliminary findings can sometimes be helpful to the authorities, there is a lot of room for error. The experts are generally not medically trained, making it difficult or even impossible to distinguish between symptoms caused by rugs from those arising from medical or mental conditions.
In the case of prescription drugs, there is more room for human error. Because there is no per-se level for DUI Drugs, officers must prove impairment for an effective case. Cases have occurred where people have been charged with UI drugs even when properly taking the recommended dosages of their medication. Because Drug Recognition Experts most often know nothing of the individual they’re evaluating, they are unable to take into account the characteristics of the person before them, often leading to errors in judgment.
Like alcohol-related DUI charges, UI drugs cases can be effectively defended with the assistance of an attorney knowledgeable about the shortcomings of the system, and familiar with your particular situation. If you’re facing DUI drugs charges, contact an attorney with the expertise necessary to build a strong case in your defense.
What is a DUI Drug?
It is unlawful for any person who:
(a) Is under the influence of a controlled substance
(b) Is under the combined influence of intoxicating liquor and a controlled substance
(c) Inhales, ingests, applies or otherwise uses any chemical, poison, or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle
(d) To drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access (The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection)
It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:
Prohibited substance Urine Blood – Nanograms per milliliter
(a) Amphetamine 500 per 100
(b) Cocaine 150 per 50
(c) Cocaine metabolite 150 per 50
(d) Heroin 2,000 per 50
(e) Heroin metabolite:
(f) Lysergic acid diethylamide 25 per 10
(g) Marijuana 10 per 2
(h) Marijuana metabolite 15 per 5
(i) Methamphetamine 500 per 100
(j) Phencyclidine 25 per 10
If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
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