Using drugs such as prescriptions or marijuana can lead to DUID charges or arrest for driving under the influence of drugs. You cannot assume that it is acceptable to drive after taking a medicine prescribed by your doctor; you could still be charged and arrested for driving under the influence of drugs. Some prescription medicines may inhibit your ability to safely drive a vehicle even though they were prescribed by your doctor or are an over-the-counter medication for that matter.
Many times people get arrested for driving under the influence of drugs because they have used marijuana or taken a prescription drug, and the officer stopped them for suspicion of DUI. The amounts of drugs you are allowed to have in your system and still drive vary from state to state. Some states, like Michigan, have zero tolerance and will arrest you if they can measure any amount of drugs known to affect motor functions in your system.
If a driver is exhibiting signs of being under the influence such as driving erratically and an officer sees this, the officer will pull you over on suspicion of DUI. Many police departments have what are known as Drug Recognition Experts (DRE), these experts have special experience dealing with drugs, and will be called by dispatch if a driver is suspected of being under the influence of drugs.
The Drug Recognition Expert will perform some preliminary tests and if they believe a person is really under the influence of drugs then they will require them to take a blood or urine test to see what their drug levels are. Prescription drugs, marijuana, ecstasy, cocaine, and meth can all slow down your motor functions, and they will show up on a blood test.
Generally, if a driver is suspected to be under the influence of drugs they will be asked to submit to a PBT or preliminary breath test to see if they have been drinking alcohol before they will have to take a urine or blood test. Many people assume if they pass the PBT with a BAC of less than.05% they will not be arrested at all because they are not getting a DUI, but you still could get a DUID.
In a growing number of states when an individual is suspected of being under the influence of drugs, the accused is not given a choice of which type of test they wish to take. A person suspected of being under the influence of drugs will be required to submit to either a blood or urine test. If the request is made for you to submit to a urine test you are more likely to fail because drugs leave the human body at a much slower than alcohol does.
If you get pulled over on suspicion of DUI on a Friday and get asked to take a urine test you could fail even if you consumed marijuana on Monday because it stays in your system for up to 30 days.
Some states, such as Colorado, also have charges called DWAI for when your BAC is between.05% and the legal limit of.08%. It is important to be aware of the limits for your particular state, and the fact that the legal limits may be changed at any time.
Over-the-counter drugs, prescription drugs, alcohol, cocaine, or meth can inhibit your mental and physical abilities to drive. These people are a potential threat to themselves, their passengers, and any pedestrians or motorists in their surrounding area.
Although the specific laws and levels vary by state, all states do have some type of law against driving under the influence of drugs. An example of one of these laws is the California motor vehicle code section 23152(a) which says that it is illegal for anyone who has been using drugs, alcohol, or any combination of drugs and alcohol to operate a motor vehicle in the state of California.
If you are facing charges for DUID or DUI it is important that you consult with an attorney that specializes in the area of DUI defense to find out what the laws are in your state. It is vital that you hire a lawyer that specializes in this field because a lawyer who does not specialize in DUI cases will not be aware of your state's DUI laws.
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