Sayer Regan & Thayer, LLP
Call For Your Free Initial Consultation

On drugs, and how they factor into the world of DUI law

Driving under the influence is a charge that is often associated with alcohol. In fact, if you were to say "DUI" to someone and to ask them to define the term, they would probably say that it is a criminal violation that occurs when someone exceeds the 0.08 blood alcohol limit.

However, DUIs are not limited to alcohol. Drugs can often play a role in a driver being arrested for driving under the influence. It doesn't even have to be illicit drugs -- it can even be over-the-counter drugs or prescriptions medicines that cause a person to be arrested for DUI.

When someone is accused of driving under the influence of drugs, the traditional methods of measuring a person's blood or breath intoxication aren't as crucial as they are with alcohol. This is because many drugs stay in a person's system for more than a day. For example, cocaine stays in the bloodstream for up to two days. The psychoactive element of marijuana, THC, can remain in a person's system for up to five weeks.

On the one hand, this may make it seem like the individual is at a huge disadvantage if they are accused of driving under the influence of drugs. The police have a long time to uncover the evidence.

But at the same time, with such an extensive period of time that these substances remain in the system, an argument could be made that the individual accused of a DUI did not take the drugs the day of the incident. They may not have even consumed drugs in the past week, and yet their readings could show that they are under the influence.

It creates a convoluted situation for everyone involved. Those who are accused of driving under the influence of drugs need to remember that there are viable defense options out there for them. Their case isn't over just because they are accused of a crime.

Source: FindLaw, "Driving Under the Influence of Drugs," Accessed April 9, 2015

No Comments

Leave a comment
Comment Information

Contact Our Attorneys

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

130 Bellevue Avenue
Newport, RI 02840

Toll Free: 800-803-7699
Phone: 401-324-9915
Fax: 401-849-4330
Newport Law Office Map

343 C Main St.
Wakefield, RI 02879

Toll Free: 800-803-7699
Phone: 401-324-9915
Fax: 401-783-0660
Map & Directions