Allegations of operating under the influence (OUI) offenses frequently relate to alcohol. Police officers know how to screen people for signs of chemical intoxication on the road, and they conduct chemical testing to verify if individuals are over the legal limit for their blood alcohol concentration BAC).
OUI charges can be the result of an elevated BAC. The state can also prosecute those who show clear signs of impairment even if their BAC is not technically over the limit. State prosecutors can also bring OUI charges against those accused of driving under the influence of drugs as opposed to alcohol.
How do allegations of drugged driving differ from claims of drunk driving?
The charges and penalties are the same
Technically, drivers face the same basic allegations and potential consequences regardless of what type of intoxicating substance they allegedly consumed before driving. Factors including whether or not the incident led to injuries and the prior record of the accused driver determine what penalties the state pursues and the severity of the charges.
Police officers can arrest people for driving after consuming illicit substances prohibited by law or for choosing to drive while under the influence of a prescribed medication that could compromise their driving abilities. The motorists may face the same penalties as those accused of driving after drinking.
Enforcement practices are different
How the state proves an OWI offense is different in a drugged driving case when compared to a drunk driving case. There are no chemical limits for different prescription medications and prohibited drugs. Instead, any detectable amount of these substances in an individual’s bloodstream can be adequate justification for criminal prosecution.
Admitting to taking a medication that has a known impact on driving ability or failing a chemical test can provide adequate justification for an OUI charge. Even if a driver insists that the dosage was low enough or their tolerance was high enough to operate a vehicle safely, the state may be able to charge and even convict them on the basis of their admission or a failed chemical test.
The best response to drugged driving charges may depend on the substance allegedly involved and a variety of other factors. Reviewing the circumstances surrounding a pending OUI charge with a skilled legal team can help people determine the best way to handle criminal allegations.
