Drugged Driving

Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) laws make it illegal for an individual to drive while under the influence of certain controlled substances. A driver may be stopped and arrested for driving a vehicle while under the influence of an illegal drug. This includes illegal drugs and some legal drugs or substances. Many fatal drunk driving cases involve a mix of prescription drugs or alcohol and an illegal drug.

What is the Difference Between DWI and DUI?

The title of the offense may vary between states, but it is illegal to operate a motor vehicle while impaired by any type of intoxicant. Driving while intoxicated (DWI), also called drunk driving, is generally used to describe an individual operating a motor vehicle while intoxicated by alcohol.

The term DUI means driving under the influence. It typically describes operating a motor vehicle while under the influence of drugs. Although DWI and DUI are often used interchangeably, certain states classify DWI and DUI separately, and the terms describe different circumstances or charges.

In many states, a DUI charge is the lesser of the two charges and indicates a lesser degree of impairment. A DWI charge usually indicates a higher level of intoxication or impairment and is, therefore, often taken more seriously.

Both DWI and DUI offenses are considered to be criminal charges. In some states, the offenses are known by other acronyms, such as:

• Operating Under the Influence (OUI)
• Operating a Vehicle Under the Influence (OVI)
• Operating While Intoxicated (OWI)
• Driving While Ability Impaired (DWAI)
• Operating a Vehicle Under the Influence of an Intoxicant (OVUII)
• Driving Under the Influence of Intoxicants (DUII)

It is important to note that an individual can be charged with DWI or DUI even if they are not driving the vehicle at the time, if they have the keys in their possession and are in actual physical control of the vehicle, even if they are just sleeping and the car is not running.

Which Drugs are Usually Involved in DUI Cases?

The most common drug involved in drugged driving cases is marijuana. One of the reasons it is more common is because it has been legalized in many areas and thus has become more frequently used. However, just like alcohol, an individual cannot operate a motor vehicle if they are under the influence of marijuana.

Abuse of legal substances may also be considered an offense in terms of drugged driving. This could be prescribed painkillers, for example. Oxycontin is a frequent example.

Other drugs that are commonly found in an individual’s system following a vehicle accident or DUI arrest include:

• Cocaine
• Methamphetamine
• Heroin
• Hallucinogens

Using drugs while operating a motor vehicle can be particularly dangerous if the drug makes the driver lose consciousness, such as heroin or other opiate-based pain medications. Additionally, drugs that alter an individual’s consciousness to the point they have difficulty distinguishing reality from fantasy, such as certain hallucinogens and stimulants, may cause serious problems for drivers.

What are the Legal Penalties for Drugged Driving?

The penalties for drugged driving may be just as severe or even more severe than those for alcohol-based DUI offenses. The penalty may depend on several factors, including:

• The type of drugs involved
• Whether anyone was injured during the drugged driving
• Whether the drugged driving resulted in any property damage
• Whether it is the individual’s first offense or a repeat offense

The penalties for drugged driving vary by jurisdiction. If the crime is a misdemeanor, a conviction may result in jail time of up to one year or criminal fines. Sometimes, jail time may be lessened by using alternative sentencing options, such as community service or safety driving classes.

If the crime is a felony, a conviction may result in a year or more in prison and heftier fines. If a drugged driving accident causes death or serious injury to another individual, it will likely be charged as a felony.

What is a Felony Traffic Offense?

Most traffic offenses are minor incidents resulting in a traffic ticket or a small fine. These are not crimes; they are infractions.

More serious traffic offenses are classified as misdemeanors or felonies. A misdemeanor is, by definition, a crime that cannot be punished by more than one year in imprisonment. Felonies are those crimes that can be punished by more than a year in prison.

As noted above, a felony traffic offense will almost certainly be charged if the drugged driving results in an injury to an individual, destruction of property, or creates a threat of injury to an individual or a threat of destruction of property.

States differ regarding what types of traffic offenses are classified as felonies. Most jurisdictions, however, classify the following violations as felonies:

• Vehicular homicide or manslaughter
• Repeat or multiple DUI convictions
• Other repeat offenses, including repeatedly driving without a license
• Certain types of reckless driving, including racing or other violations that cause injury or property damage
• Leaving the scene of an accident, called a hit and run, particularly if the accident involves a collision with a person or another vehicle that results in bodily injuries or property damages o
• Fleeing law enforcement

Some traffic offenses may be labeled as gross or aggravated misdemeanors in certain states. Although classified as misdemeanors, these crimes may result in harsher penalties similar to penalties for felony convictions.

What are the Consequences of Being Convicted of a Traffic Felony?

In most cases, traffic felonies include monetary fines and prison sentences. Fines may range from $500 to thousands of dollars, depending on the severity of the offense and the jurisdiction.

A conviction for a traffic felony may also involve other consequences besides imprisonment, including:

• Suspension or permanent loss of a driver’s license
• Retraining requirements or suspensions
• Points added to their driver’s license insurance history
• Increased insurance premiums
• Towing or impounding of the vehicle used during the commission of the felony
• The city may keep the vehicle and not return it and sell it at auction
• A prohibition on ownership of firearms
• A permanent mark on the individual’s criminal record
• In the case of a DUI, a person may be required to install a breathalyzer in their vehicle
• Required participation in a drugged driving court process
• A life sentence in prison in jurisdictions that have a three-strikes felony rule

It is important to note that some crimes may be charged as misdemeanors but may be increased to felony charges if the offense has been repeated multiple times.

Do I Need a Lawyer for Help with a Drugged Driving Case?

Yes, it is essential to have the assistance of an experienced DUI/DWI lawyer for any drugged driving case, as with any time that you are charged with a crime. As previously noted, the consequences for a DUI or DWI conviction can be very severe. Besides the criminal penalties outlined above, if you hurt a person or damaged property, a lawsuit may be filed against you, or civil penalties may be lodged.

A lawyer can review your case, advise you if any defenses are available, and represent you during any court proceedings, if necessary. It is important to have an attorney on your case because drugged driving convictions can have a powerful impact on your future.