Understanding DUID Laws & Procedures

Once a person has consumed a prescription drug or non-prescription drug that is known to affect a person’s motor skills adversely or an illegal drug, such as marijuana, that person may no longer legally drive a motor vehicle, and risks an arrest for driving under the influence of drugs. Even though it may be legal to possess a prescription medication that was prescribed by a licensed doctor that does not mean that it is legal to drive while under the influence of said drug.

A doctor prescribes a medication for your health not your driving, so their consent and advisement to consume said drug does not imply you are capable of driving a motor vehicle safely while using said drug.

Every state has laws regarding DUI and DUID (Driving under Influence of the Drugs), meaning the police may stop you if they are suspicious of your driving, and may arrest you if they have found you have consumed drugs, prescribed or otherwise.

The amount of prescribed medication or non-prescribed medication legally allowed in a person's system while operating a motor vehicle varies state by state. The state of Tennessee as an example has a zero tolerance policy, with any measurable presence of drugs qualifying a person for a DUID arrest.

Police officers may note a driver operating their vehicle with erratic movements and initiate a stop to investigate the possibility of a DUI. Some officers are trained to recognize drug usage and are called Drug Recognition Experts (DREs), and will be requested at the scene by the officer initiating the DUI stop provided that the initiating officer is not a DRE themselves and has suspicions about the driver being under the influence of drugs.

The Drug Recognition Expert will go through their checklist, executing some preliminary tests and noting any telltale behaviors, which may lead to a suspected DUI offender being requested to submit to a urine or blood test to confirm an illegal amount of drugs in their system. A large variety of common prescription and non-prescription drugs can be detected in a blood test, including ecstasy, cocaine, marijuana, ICE, methamphetamines, and other non-prescription drugs proven to impair a person's driving abilities.

It is fairly common that, prior to a request to submit to a urine or blood screening, an officer initiating a DUI stop will request for a person suspected of driving under the influence to take a Preliminary Breath Test (PBT) in order to detect the presence of alcohol if the officer suspects that alcohol may be involved. The legal Blood Alcohol Content is .08%, so it is plausible that despite alcohol consumption, you will not be arrested for a DUI but still are eligible for a DUID arrest.

Most states grant a person suspected of driving under the influence of alcohol a choice between a breath test, urine test or blood test, though an officer will make the choice of either a blood or urine screening if they suspect that the individual may be under the influence of drugs. Urine tests tend to result in more positive readings, as drugs typically remain within the body for far longer than alcohol, so this should be kept in mind if an officer chooses this option.

Marijuana or cannabis, for example, may remain within the body for up to 30 days, meaning a person stopped on suspicion of a DUI almost a week after consumption could still be tested and arrested for a DUID.

Different states have different levels and laws when it comes to BAC levels, such as Colorado, where a BAC level between .05% and the legal limit of .08% could still result in what is referred to as a DWAI arrest or driving while ability impaired. You should be forewarned that any state may change the legal limits at any time.

These laws are in place because alcohol, non-prescription, prescription, and illegal drugs such as meth or cocaine all directly affect the body's ability to process information and physical reaction time. A person under the influence of drugs or alcohol not only endangers themselves by driving, but also endangers any passengers or any other nearby motorist or pedestrian.

There is no state in which driving under the influence of drugs is not covered by the state's motor vehicle codes. Each state has their own wording, such as California DUI laws motor vehicle code section 23152(a), which states that it is illegal for any person who is under the influence of alcohol, drugs or any combination of alcohol and drugs to operate a motor vehicle in the state of California.

With DUI and DUID laws existing in each and every state, only an experienced and professional Tennessee DUI lawyer will be able to properly assist you in discovering your options after your Tennessee DUI arrest, as well as in what decisions to make. The DUI laws vary by state, meaning that it is vital to find an experienced DUI lawyer, as not all lawyers are well versed in each state's specific DUI laws or the most effective defense methods.

Studies and research have indicated that an estimated 18% of the nation's traffic related deaths occur involving a situation in which a driver was under the influence. Additional research results note that a female driver is half as likely to have involvement in a drug related car accident.