Driving Under the Influence of Drugs in DC

Driving Under the Influence of Drugs Penalties and More

When someone talks about driving under the influence (DUI), they generally are talking about driving under the influence of alcohol. The term “drunk driving” is often thrown about when talking about DUI incidents, and there is a big focus on alcohol as the main substance of abuse in those cases.

DUIs, however, can refer to driving under the influence of drugs, as well. Whether illicit, recreational, or prescription, drugs can have just as—if not much more—of an effect on a person’s driving ability as alcohol.

For example:

• THC, the main psychoactive component of marijuana, can slow reaction times and impair a person’s judgment of time and distance.
• Methamphetamines and cocaine can cause aggressive and reckless behavior due to the artificial high they generate.
• Prescription opioids (painkillers) can cause drowsiness and impaired memory and thinking skills.   

All of these effects can significantly impair a person’s ability to drive a vehicle safely on the road.

In fact, driving under the influence of drugs may be becoming more prevalent than driving under the influence of alcohol. In a 2018 report by the Governors Highway Safety Association, 2016 data noted 43.6% of fatally injured drivers in that year with known drug results were positive for drugs. 50.5% of these drug positive drivers were under the influence of two or more drugs at the same time. In the same year, 37.9% of fatally injured drivers with known alcohol test results were alcohol positive.

The report concluded that, generally, more people were driving under the influence of drugs than driving under the influence of alcohol. Further, those that were taking drugs often took more than one drug at once or took drugs with alcohol.

The District of Columbia has adopted a zero-tolerance policy toward driving under the influence, regardless of whether it involves alcohol or drugs. If you are facing DUI charges in DC, it is important to contact an experienced DC DUI attorney immediately to evaluate your options. 

DUI and Marijuana

A relatively common misconception is that being legally allowed to possess marijuana means you cannot be charged with DUI while being under the influence of marijuana. That is simply not true. After all, you are legally allowed to purchase and drink alcohol, but you can certainly be arrested for a DUI involving alcohol in your system.

Driving Under the Influence of Drugs Penalties

The penalties for operating a vehicle while impaired, regardless of whether it involves drugs or alcohol, include immediate revocation of your driver’s license for at least 6 months, alongside potential fines and incarceration.

• For a 1^st offense, the penalty is a $500 fine and/or up to 90 days of incarceration.
• For a 2^nd offense, the penalty is a $1,000 to $2,500 fine and/or up to 1 year of incarceration, with a minimum 5 days of incarceration.
• For a 3^rd or subsequent offense, the penalty is a $1,000 to $5,000 fine and/or up to 1 year of incarceration, with a minimum 10 days of incarceration. Additionally, if there are 2 prior offenses within the last 5 years on your record, your license will be revoked for a minimum of 5 years.

As you can see, the penalties for a DUI conviction can be quite harsh and affect your quality of life for years to come. This makes it all the more important to get in touch with a DUI lawyer right away if you run into a situation involving a potential DUI conviction.

A “Per Se” System

In DC, there is no legal limit for how much of a particular drug you can have in your system before you are considered “impaired” for the purposes of a DUI. That means if you have any trace of drugs that can impair your driving ability in your system, you can be arrested for DUI, having violated the law on a “per se” basis. It does not matter if they were prescription drugs given by a doctor. The law has zero tolerance in this regard. 

Now, that does not mean you will automatically be convicted of a DUI if you have a positive drug test, but it is in your best interests to contact an experienced DC DUI lawyer immediately if you are charged with DUI, especially with DUI involving drugs. Depending on your circumstances, there are many ways to fight the conviction, and it is always a good thing to get a professional defense attorney working on your side as early into the case as possible.

One way to attack the DUI charge is the fact that many drugs can remain detectable in your system many days after you actually used them. Even though the arrest can be done on a “per se” basis, it is still possible to present the question of whether your ability to drive was actually impaired at the time of arrest. All sorts of evidence can go into that determination, including testimony by the police officer about how you looked and acted during the DUI stop and how you performed on any sobriety tests that may have been conducted.

A well-practiced criminal defense attorney knows the best ways to challenge police testimony and can bring an aggressive approach that is tailored for your situation. The expertt DC DUI attorneys at Ervin Kibria Law are just such attorneys and have had experience handling hundreds of DUI cases within the DC courts. If you are facing DUI charges, do not hesitate to contact Ervin Kibria Law today for a free consultation.