Driving under the influence of drugs, or DUID, is prosecuted in much the same manner as driving under the influence of alcohol cases. Any motorist who drives under the influence of drugs, legal or illegal, can face a DUID charge.

Driving under the influence of drugs is a serious charge that carries substantial punishment, so it’s imperative to have a top attorney protecting the driver’s rights. A lawyer from www.NotDrunk.com who is experienced in DUID defense will develop an affective defense strategy that can minimize or even eliminate the consequences of an arrest for driving under the influence of drugs.

The key issue in a DUID case is whether the driver met the legal definition of being “under the influence.” Although laws vary from state to state, under the influence is typically defined as being unable to operate a vehicle with the same caution as a sober person under the same or similar circumstances.

Unlike DUI / DWI cases involving alcohol, many states have no “legal limit” for DUID cases.  In other states, anyone who drives with any measurable amount of any narcotic, including marijuana, is considered under the influence.

Like drunk driving cases, DUID prosecutions hinge on circumstantial evidence. The prosecutor will introduce evidence of the motorist’s chemical test results, performance on field sobriety tests, driving patterns, and appearance. 

Police typically administer blood or breath tests when conducting a DUI / DWI investigation involving alcohol. In DUID cases, the driver must take a blood or urine test.  Urine tests are so unreliable that they are rarely used in drunk driving investigations, but are acceptable tests for drugs.

Urine testing is inherently unfair in DUID cases because of the amount of time it takes for different drugs to be eliminated by the body. For example, marijuana remains in the system for days, but many stimulants are eliminated by the body in a much shorter time span. Therefore, a driver who used marijuana on a Monday night could be arrested for DUID on a Thursday, long after the drug’s effect has worn off.

Police sometimes resort to DUID investigations when a breath test shows a blood alcohol content (BAC) of less than .08 percent. Some police departments launch DUID investigations whenever a driver’s breath test shows a BAC of .05 percent or less.

Some police departments now have Drug Recognition Evaluators, or DREs, available to investigate suspected DUID cases.  DREs check suspected drivers for drug intoxication by examining pulse rate, blood pressure, pupil size, and other indicators.  The officer examines the driver’s arms and other common injection sites and will seek damaging confessions of drug use.  Field sobriety tests may be given again in a controlled and well-lit environment. The officer’s observations likely will be used to establish probable cause for arrest as well as create prosecution evidence.

However, there are many conditions that can give a driver the appearance of drug intoxication, including illness, injury, fatigue, or even nervousness. The supposed signs of a DUID driver are highly subjective, and the tests used to detect drugs are inherently unreliable.