Drugged Driving DWI
Here in Raleigh and across North Carolina, driving while impaired (“DWI” or “DUI” in states where it is termed “driving under the influence”) is usually associated with alcohol, but driving under the influence of any impairing drug can be illegal. According to a Governors Highway Safety Association report in 2015, drugs were found in the systems of 40% of fatally injured auto drivers, which rivals the number of drivers who died with alcohol in their systems. In recent years many police departments are recognizing the increase in drug use and driving, and have stepped up “drugged driving” enforcement efforts.
Many states charge drugged driving under the standard DWI or DUI statute. Some states have marijuana-specific DWI laws. Driving while impaired and under the influence of marijuana is illegal in all states. North Carolina has a zero tolerance for drugs, including marijuana, for persons under the age of 21, just like there is a zero tolerance for alcohol when under 21. Both are found under North Carolina’s “driving by person less than 21 after consuming alcohol or drugs” law, more commonly called a “provisional DWI” or “baby DWI.” There is an exception for lawfully prescribed controlled substances in that statute, but one can still be charged with DWI if driving under the influence of a legally prescribed medication if that person is impaired. Note well, a baby DWI is just as serious as a full DWI. North Carolina also has a zero tolerance for Schedule I controlled substances, such as heroin, ecstasy (MDMA), LSD, peyote, or mescaline.
Are there tests for “drugged driving?” Standardized field sobriety tests are designed to test for impairment and give an officer probable cause to arrest, but standardized field sobriety tests do not determine the impairing substance. North Carolina instituted a drug recognition expert (“DRE”) program which trains certain officers in a 12-step process designed to determine the type of impairing substance. Blood tests detect the presence of drugs or drug metabolites in a driver’s system, but, with the exception of Schedule I controlled substances, there is no magic number in North Carolina like there is with a .08 alcohol concentration. This makes proving impairment due to drugs in the system beyond a reasonable doubt difficult for the prosecution. Margaret Haney, a neurobiologist at Columbia University, explains in an interview with NPR: “It’s really difficult to document drugged driving in a relevant way [because of] the simple fact that THC is fat soluble. That makes it absorbed in a very different way and much more difficult to relate behavior to, say, [blood] levels of THC or develop a breathalyzer.”
Triangle Criminal Defense Group has substantial experience fighting drugged driving charges. Landon White, attorney with the firm, has undergone training in defending drugged driving cases and understands the DRE program and a DRE officer’s evaluation. Landon White learned from a former police officer who was a DRE officer himself and who trained many current DRE officers. There are 7 different categories of drugs a DRE is looking for: Central Nervous System (CNS) Depressants (Xanax, Valium, etc.), CNS Stimulants (Cocaine, etc.), Hallucinogens (LSD, MDMA), Dissociative Anesthetics (PCP and its analogs), Narcotic Analgesics (heroin, Vicodin, etc.), Inhalants (spray paint, paint thinner, etc), and Cannabis (marijuana). Each category exhibits different reactions during the 12-step process. Knowing the DRE evaluation and the different reactions associated with each drug category is imperative when defending a drugged driving case. Sometimes an officer will not call a DRE to perform an evaluation, making it even more difficult to prove drugged driving beyond a reasonable doubt.
If you are charged with a DWI, contact Landon White Law Firm today for a free case evaluation to right the ship and take back control of your case.
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Written by Landon White.
