Driving under the influence of drug cases (a.k.a “Drug DUI” or “Drugged Driving”) often present a number of issues not normally present in the more common alcohol-related DUI cases.
In California, whenever a person has a blood alcohol concentration or BAC of .08% of higher, that person is deemed to be legally “under the influence” of alcohol as it relates to driving a motor vehicle. However, due the complex nature of drugs, there is no clear standard as to what constitutes “under the influence” in drug DUI cases. As such, prosecutors often encounter problems in trying to prove the “under the influence” element of the crime.
In proving a drug DUI case, prosecutors rely on much of the same factors as with driving under the influence of alcohol cases:
- driving pattern
- physical appearance
- manner of speech
- performance on field sobriety tests
- incriminating statements
- suspect’s conduct
However, the symptoms of intoxication for drugs is much different than the symptoms of intoxication for alcohol. This often poses a problem because recognition of drug intoxication symptoms require a “drug recognition expert” or “DRE.” This is an officer who is specially trained to identify the symptoms of many different drugs. Only a qualified DRE can testify about the symptoms of the drugs, and the resulting impairments. As it turns out, most often, the arresting officer in a DUI case is not a qualified or trained DRE and, therefore, cannot testify regarding the issue of impairment.
Another problem in proving a drug DUI is due to a lack of scientific research. As it stands, science is unable to:
- equate an amount of a particular drug to an amount of impairment caused by that drug; and
- identify individual tolerance to a particular drug.
Thus, while the prosecution may be able to establish the presence of a particular drug, they often have a difficult time proving when that drug was ingested, how much was ingested and whether the drug caused impairment.
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