Drunk or drugged driving charges are serious legal matters. Learn about the basics of drunk and drugged driving and what your defense options might be.
Every state in the United States has laws that forbid drivers from operating a vehicle while they’re impaired. The Federal Bureau of Investigation estimates that there are 1,001,329 driving while impaired arrests each year. That equates to a drunk or drugged arrest rate of one out every 227 licensed drivers in this country. The individuals who are arrested will face prosecution from the court that holds jurisdiction over the case.
Drunk or drugged driving cases come with a variety of penalties. These can impact every facet of a person’s life, including their social life and careers.
Drunk Driving
In all states except Utah, drivers can have a blood-alcohol concentration of up to .08% if they can legally consume alcohol. Utah reduced that limit to .05% for drivers who can legally drink alcohol.
All states have a “zero tolerance” policy for underage drunk driving. This means that drivers who are under 21 years old can’t have detectable alcohol in their blood.
Commercial drivers also have a lowered threshold for BAC. The Federal Motor Carrier Safety Administration set the limit for commercial drivers at .04% nationwide. This is because commercial drivers often haul large loads or transport people, so they need to have a higher level of accountability than the general public.
Drugged Driving
While the blood-alcohol concentration tests can accurately gauge a person’s impairment from the alcohol, there aren’t any tests that can do this for drugs. Instead, the officers have to rely on other methods, such as the standardized field sobriety test, to determine whether the driver is too impaired to safely operate the vehicle or not.
One thing that many individuals don’t realize is that drugged driving can come from a variety of drugs. This includes illegal, prescription, and over-the-counter drugs. The key point that these have is that they negatively affect the ability of the person to drive a vehicle.
Narcotics, marijuana, allergy medications and similar drugs are associated with having a negative impact on driving abilities. Prescriptions and over-the-counter medications have warnings on them if there is a chance that they will cause drowsiness or similar side effects.
Greg Rosenke/UnsplashImplied Consent
When a person gets their driver’s license, they agree that they will be tested for drugs or alcohol if requested by an officer of the law. This is known as the implied consent law. Despite the agreement that’s implied, it’s possible to decline to provide permission for the test.
Refusing to give a sample for a chemical test comes with penalties. Typically, the person’s driver’s license will be suspended or revoked for a specific amount of time because they didn’t provide the sample.
It’s possible that a police officer could obtain a warrant that requires you to give the sample. If this occurs, you don’t have the option of declining to provide it. You could be restrained while the sample is obtained from you to satisfy the warrant.
Possible Penalties
The penalties for drunk or drugged driving depend on a host of variables. Typically, the most mild penalties come with a first charge, but those penalties increase with subsequent charges. Some of the possible penalties include:
- Fines and court costs
- Driver’s license suspension or revocation
- Incarceration in jail or prison
- Participation in alcohol assessment and treatment programs
- Ignition interlock device installation
- Community service
- Probation or community supervision
The court will determine what’s appropriate for each case based on the specific circumstances. Some states have mandatory sentence requirements, so that will also play a role in what a person will face if convicted.
The charge, a conviction, and the penalties that a person is given can affect their future. For example, a drunk driving conviction could mean a job loss for a person who is required to have a clean driving record or who has to drive for work.
Matt Popovich/UnsplashDefense Options
There are several defense options that an individual can use when they’re facing a drugged or drunk driving charge. The circumstances of the traffic stop and arrest may play a role in the options that are present.
Some defense options are affirmative defenses, which means that the defendant acknowledges that they were driving while impaired. Instead of just leaving it at that, they explain extenuating circumstances that they believe should negate the charges against them.
The majority of impaired driving defense options work to poke holes in the prosecution’s case. This might include questioning the calibration of the testing equipment or raising questions about the quality or timing of the sample. Bringing up civil rights violations and addressing the validity of the traffic stop or the arrest might also be useful. Most defenses will include multiple points.
Working closely with an attorney who focuses on this area of the law can help them to learn their options. Anyone who’s facing these charges should remember that they may also have to deal with the administrative penalties and not just the criminal charges, so their defense strategy should address both cases.
