Everyone knows driving while intoxicated is illegal. Most people are also aware of the blood-alcohol level of .08 percent, and that adults who exceed that legal driving limit can be charged and convicted of DUI. You might even know how much alcohol you can drink before you shouldn't drive. But have you taken a good look at the labels in your medicine cabinet?
You don't have to be under the influence of alcohol to be arrested for DUI. DUI-D, or driving under the influence of drugs, is a charge many drivers don't consider. This charge doesn't just apply to illegal drugs. Prescription medications and over-the-counter drugs can cause any driver to become impaired, either by themselves or in combination with alcohol. Even taking something as seemingly harmless as Benadryl can cause you to drive erratically, especially after a drink or two.
Pennsylvania police say that roughly half of the state's DUI cases involve some type of drug influence. That's why Pennsylvania has officers known as drug recognition experts to help determine a driver's level of impairment. An evaluation might include a field sobriety test and taking a motorist's blood pressure and pulse. But there are also more subjective measures. "I rely on eyes a lot," said one DRE officer in Pennsylvania. He believes that every drug will affect the eyes in some way.
The most common drugs to affect people are sleeping pills and anti-anxiety medications, according to a western Pennsylvania emergency room doctor who says his hospital is seeing more and more cases of prescription drugs affecting people in extreme ways. He and law enforcement officials agree that it can be nearly impossible to predict how medications will affect an individual. Differences in height and weight, combinations with other drugs and other unknown factors can make detection of impairment a bit of a guessing game.
The absence of a standard gauge of impairment makes legal matters complicated. Even DREs don't have a tool to measure how impaired someone is from drug use, and that means that someone arrested for DUI-D may lose a criminal case based on a subjective observation. Your safest bet, even before you find the need to hire an attorney who focuses on DUI cases, is to read medication labels and heed the warnings against operating heavy machinery -- like your SUV -- at least until you know how the drug affects you.
Source: CBS Pittsburgh, "Driving Under The Influence Of Drugs A Growing Problem," Dr. Maria Simbra, June 15, 2012
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