What You Should Know About Drugs and DUIs

When people are accused of a "DUI", most people's minds automatically go to "drinking while driving". However, just because alcohol related DUI's are more commonly seen in the media, doesn't mean drug related DUI's aren't just as common and dangerous. In fact, a study by the Substance Abuse and Mental Health Services Administration found that over ten million Americans drove while under the influence of drugs in 2010.

If an officer believes that you are impaired enough to be a danger on the roads, you can and will get charged with a DUI no matter what the substance you have consumed is. But although the charge is the same, there are some differences in drug and alcohol based DUI cases.

• In drug-related DUI cases, unlike alcohol DUIs, your license is not automatically suspended
• Remember, the law does not make the distinction between legal and illegal drugs. You can be prescribed a drug, for example Ambien, but still be considered too impaired to drive and charged with a DUI. Additionally, mixing alcohol and drugs, even prescription drugs, can have a heavy effect on your level of impairment. Certain drugs make the body absorb alcohol more quickly and therefore make you more intoxicated than usual. 
• It is much harder to measure how intoxicated a person is if they have consumed drugs than it is if they have consumed alcohol. This may help your case, as the state must prove that the substance consumed was enough to intoxicate you. About 15 states (but not New York or New Jersey, where I practice) have laws that allow offenders to be convicted of a DUI if any amount of drugs are found in their system.
• Some prescription drugs, mainly Ambien, are known to cause a condition commonly known as "sleep driving" where the user actually gets into their car, starts it, and begins to drive, all while sleeping. If you were convicted of a DUI while taking Ambien and experiencing "sleep driving", you should consult an attorney immediately. The "Sleep Driving Defense" is controversial but is definitely worth looking into if you believe this happened to you.