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What Drugs Are Associated With DUI?

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: Besides marijuana, what drugs are commonly associated with DUI?

Acacia Law: Most of the drugs are actually prescription drugs. They are very common. When you receive pain pills for an operation or injury, you are likely to receive a warning on the label advising you this pill can impair your ability to drive a motor vehicle.

A lot of times, I do not have illegal drugs. Marijuana is the most common, by far, because it is the easiest to establish. Other controlled substances, such as methamphetamines, cocaine, or opiates, are not readily obvious based on smell or sight.

These substances are not going to reach the officer's radar. When it comes to marijuana, evidence can be established from smoke, observations or physical evidence. That is just an easy one.

The second most common drug I run into is a whole category of prescription drugs. Some of these drugs are heavy-duty opiates. They are designed to basically calm and relax you. They also can make you tired. They can impair your judgment.

It is the reason they advise: If you are taking pain killers, do not make any decisions; do not sign any contracts; and do not make any rational, important decisions in your life until the effects of the drug have worn off.

Well, a drug that powerful obviously can impair your ability to operate a motor vehicle; just as much as it can impair your ability to judge whether or not to engage in a contract.

I commonly run into prescription drugs because along with the pain killers, you also have anxiety medicines such as Valium. Anything designed to calm you down or put you in a more relaxed state is also a very viable drug. The police are able to point and say, "This person had too much relaxation medicine and it impaired their ability to drive."

The other problem is, like marijuana, it is not uncommon for people to have their prescriptions on them or in their purses. Most people who have legal prescriptions will carry their medication on them. They do not have a problem admitting they have them because they are prescribed by a doctor.

Unfortunately, they are under the mistaken presumption they are okay to drive; and they will not be charged or prosecuted. Obviously, that is completely wrong.

Interviewer: How are those cases handled? Do the police just assume you are impaired?

Acacia Law: The DRE, drug recognition expert officer, has to be certified. The symptoms they look for are things you would not ordinarily consider evidence of anything. They look at pulse rate, dilation of pupils; things that can be impacted by a number of different things besides impairment by a particular drug.

The problem is this is a very common situation I have if someone gets into a car accident. I’ve had people with concussions. Therefore, they may speak slower, slur their words, or speak with a different pitch and voice.

There are a number of different symptoms of a concussion. The officer will get an admission they have taken some prescription medicine for anxiety; or perhaps a muscle relaxant or a pain killer. The officer treats the concussion as impairment by consumption of the prescriptive drug.

It is a tough one. With respect to how they try to prove it, it is exactly the same way as they do with marijuana. They make the argument that person was impaired.

Now, if you do not have a prescription for that medicine, it looks particularly bad, obviously. That is a felony. Furthermore, it is harder to convince a jury you are not taking someone else's pain pills for the purpose of getting high.