Driving under the influence
Driving under the influence (DUI) is the offense of driving, operating, or being in control of a vehicle while impaired by
Terminology
The name of the offense varies from jurisdiction to jurisdiction and from legal to colloquial terminology. In various jurisdictions the offense is termed "driving under the influence" [of alcohol or other drugs] (DUI), "driving under the influence of intoxicants" (DUII), "driving while impaired" (DWI), "impaired driving", "driving while intoxicated" (DWI), "impaired driving", "operating while intoxicated" (OWI), "operating under the influence" (OUI), "operating [a] vehicle under the influence" (OVI), "drunk in charge", or "over the prescribed limit" (in the UK). Alcohol-related DUI is referred to as "drunk driving", "drunken driving", or "drinking and driving" (US), or "drink-driving" (UK/Ireland/Australia). Cannabis-related DUI may be termed "driving high", and more generally drug-related DUI may be referred to as "drugged driving", "driving under the influence of drugs" (DUID), or "drug impaired driving".
In the United States, the specific
Definition
The criminal offense may not involve actual driving of the vehicle, but rather may broadly include being physically "in control" of a car while intoxicated, even if the person charged is not in the act of driving.
In construing the terms DUI, DWI, OWI, and OVI, a few states[
Many DUI laws apply also to motorcycling,
George Smith, a
Alcohol
Drunk driving (or drink-driving in British English[11]) is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash.[12] In the United States, alcohol is involved in 30% of all traffic fatalities.[13] It is not known nationally how many people are killed each year in crashes involving drug-impaired drivers because of data limitations,[14] but one study of drivers who were seriously injured in crashes found that 23.6% of drivers were positive for alcohol and 12.2% were positive solely for alcohol.[15]
Other drugs
For drivers suspected of drug-impaired driving, drug testing screens are typically performed in scientific laboratories so that the results will be admissible in evidence at trial. Due to the overwhelming number of impairing substances that are not alcohol, drugs are classified into different categories for detection purposes. Drug impaired drivers still show impairment during the battery of standardized field sobriety tests, but there are additional tests to help detect drug impaired driving. In the US, one study found that 25.8% of drivers seriously injured in crashes tested positive for cannabinoids, 13.6% tested positive solely for cannabinoids, and 24.6% tested positive for a drug other than alcohol or cannabis.[15]
Recreational drugs
Drivers who have smoked or otherwise consumed
In the US state of Colorado, the state government indicates that "[a]ny amount of marijuana consumption puts you at risk of driving impaired." Colorado law states that "drivers with five nanograms of active tetrahydrocannabinol (THC) in their whole blood can be prosecuted for driving under the influence (DUI). However, no matter the level of THC, law enforcement officers base arrests on observed impairment." In Colorado, if consumption of marijuana is impairing your ability to drive, "it is illegal for you to be driving, even if that substance is prescribed [by a doctor] or legally acquired."[19]
Prescription medications
Prescription medications such as opioids and benzodiazepines often cause side effects such as excessive drowsiness, and, in the case of opioids, nausea.[20] Other prescription drugs including antiepileptics and antidepressants are now also believed to have the same effect.[21] In the last ten years, there has been an increase in motor vehicle crashes, and it is believed that the use of impairing prescription drugs has been a major factor.[21] Workers are expected to notify their employer when prescribed such drugs to minimize the risk of motor vehicle crashes while at work.
If a worker who drives has a health condition which can be treated with
Testing
Field sobriety testing
Field sobriety tests are a battery of tests used by police officers to determine if a person suspected of impaired driving is intoxicated with alcohol or other drugs. FSTs are primarily used in the United States, to meet "probable cause for arrest" requirements (or the equivalent), necessary to sustain a DWI or DUI conviction based on a chemical blood alcohol test. In the US, field sobriety tests are voluntary; however, some states mandate commercial drivers accept preliminary breath tests (PBT).
Drug Evaluation and Classification program
The Drug Evaluation and Classification program is designed to detect a drug impaired driver and classify the categories of drugs present in his or her system. The procedures are used post-arrest to gather evidence for trial, rather than for probable cause, as they would be difficult to conduct at the scene.[24]
Initially developed by the Los Angeles, California, Police Department in the 1970s, the DEC program breaks down detection into a twelve-step process that a government-certified Drug Recognition Expert (DRE) can use to determine the category or categories of drugs that a suspect is impaired by. The twelve steps are:
- Breath Alcohol Test
- Interview with arresting officer (who notes slurred speech, alcohol on breath, etc.)
- Preliminary evaluation
- Evaluation of the eyes
- Psychomotor tests
- Vital signs
- Dark room examinations
- Muscle tone
- Injection sites (for injection of heroin or other drugs)
- Interrogation of suspect
- Opinion of the evaluator
- Toxicological examination[25]
DREs are qualified to offer expert testimony in court that pertains to impaired driving on drugs.
The DEC program is recognized by all fifty states in the U.S., Canada, and the United Kingdom and DRE training in the use of the twelve-step [MS1] process is scientifically validated by both laboratory and field studies.[26]
Testing for cannabis
U.S. states prohibit the operation of a motor vehicle while under the influence of drugs, including marijuana.[27] For example, in Illinois it is illegal to operate a motor vehicle with a THC level of 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substances.[28] Under that law, an individual can be arrested for driving under influence of cannabis at any THC level, including under the per se legal limits if an Officer believes the individual is impaired by cannabis.[28]
It can be important to perform testing soon after a traffic stop, as THC plasma levels decline significantly after the passage of one or two hours.[29] A number of companies are developing roadside THC breathalyzers that may be used by the police to help identify drivers impaired by the use of marijuana. Some nations use saliva swabs to test for THC levels at roadside, but questions remain about the reliability of saliva testing.[30]
Other charges
Child endangerment
In the US state of Colorado, impaired drivers may be charged with child endangerment if they are arrested for DUI with minor children in the vehicle.[31]
Wet reckless
"Wet reckless" is a term used informally when a driver takes a plea bargain, agreeing to plead guilty to reckless driving in exchange for the elimination of the drunk driving charge.[32] In California, a driver may not be charged or arrested for "wet reckless" driving, and the sole function of the charge is as a possible disposition following a plea bargain for a driver charged with DUI.[33]
Penalties
In the case of a crash,
The German model serves to reduce the number of crashes by identifying unfit drivers and revoking their licenses until their fitness to drive has been established again. The medical-psychological assessment works for a prognosis of the fitness for drive in future, has an interdisciplinary basic approach, and offers the chance of individual rehabilitation to the offender.[35]
Laws by country
The laws relating to DUI vary significantly between countries, particularly the thresholds at which a person is charged with a crime. In many countries,
US federal regulation
The United States Department of Transportation (USDOT) regulates many occupations and industries, and has a zero tolerance policy pertaining to the use of cannabis for any regulated employee whether he or she is on-duty or off-duty. Regardless of any State's DUI Statutes and DMV Administrative Penalties, a Commercial Driver's License "CDL" holder will have his or her CDL suspended for 1-year for a DUI arrest and will have his or her CDL revoked for life if they are subsequently arrested for driving impaired.[28]
See also
- Alcoholism
- Alcohol-related crime
- Breathalyzer
- Designated driver
- DR10, UK police code
- Driving laws
- Drug–impaired driving
- Drunk drivers
- Drunk walking
- DUI laws in California
- DWI court
- Fetal alcohol spectrum disorder
- Mothers Against Drunk Driving (MADD)
- Mobile phones and driving safety
- National Motorists Association
- Responsible drug use
- Driver's license: point system
- Zero tolerance
References
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- ISBN 9781412905961.
- )
- ^ Tekenos-Levy, Jordan (29 July 2015). "Impaired Driving in Canada: Cost and Effect of a Conviction". National College for DUI Defense. Archived from the original on 1 August 2017. Retrieved 1 August 2017.
- ^ "DUI | the crime of driving a vehicle while drunk also: a person who is arrested for driving a vehicle while drunk". Merriam-webster.com. Retrieved 29 September 2015.
- ^ Rowling, Troy (14 October 2008). "In Mt Isa it's RUI: riding under the influence". Brisbane Times. Retrieved 19 July 2017.
- ^ "Pedestrian Safety". Police Department, University of Colorado. Retrieved 19 July 2017. ("[I]f you bicycle while intoxicated you will be held to the same standards as other motorists and may be issued a DUI.")
- ^ "Ore. skateboarder collides with van, charged with DUI". Crimesider. CBS News. 13 March 2013. Retrieved 19 July 2017.
- ^ McLeod, Ken (11 July 2013). "Bike Law University: Riding Under the Influence". League of American Bicyclists. Archived from the original on 13 February 2023. Retrieved 9 December 2022.
- ^ UK Retail Price Index inflation figures are based on data from Clark, Gregory (2017). "The Annual RPI and Average Earnings for Britain, 1209 to Present (New Series)". MeasuringWorth. Retrieved 11 June 2022.
- ^ "drink-driving". Collins Dictionary. Retrieved 14 December 2021.
- ^ "Why drunk drivers may get behind the wheel". Science Daily. 18 August 2010. Retrieved 2 July 2017.
- NHTSA. 2018.
- ^ "Impaired Driving: Get the Facts | Transportation Safety | Injury Center | CDC". www.cdc.gov. 19 July 2023. Retrieved 26 March 2024.
- ^ a b Thomas FD, Darrah J, Graham L, Berning A, Blomberg R, Finstad K, Griggs C, Crandall M, Schulman C, Kozar R, Lai J, Mohr N, Chenoweth J, Cunningham K, Babu K, Dorfman J, Van Heukelom J, Ehsani J, Fell J, Whitehill J, Brown T, Moore C (December 2022), Alcohol and Drug Prevalence Among Seriously or Fatally Injured Road Users (PDF), National Highway Traffic Safety Administration, DOT HS 813399
- ^ a b "National Post". News.nationalpost.com. Retrieved 2 March 2022.
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- ^ a b c "Ontario to bring in stronger punishment for driving under influence of drugs". Ca.news.yahoo.com. 22 October 2014. Retrieved 2 March 2022.
- ^ "Marijuana and Driving — Colorado Department of Transportation". Codot.gov. Archived from the original on 15 October 2019. Retrieved 2 March 2022.
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- ^ ]
- ^ ABIM Foundation, American College of Occupational and Environmental Medicine, retrieved 24 February 2014, which cites
- Weiss, MS; Bowden, K; Branco, F; et al. (2011). "Opioids Guideline". In Kurt T. Hegmann (ed.). Occupational medicine practice guidelines : evaluation and management of common health problems and functional recovery in workers (online March 2014) (3rd ed.). Elk Grove Village, IL: American College of Occupational and Environmental Medicine. p. 11. ISBN 978-0615452272.
- Weiss, MS; Bowden, K; Branco, F; et al. (2011). "Opioids Guideline". In Kurt T. Hegmann (ed.). Occupational medicine practice guidelines : evaluation and management of common health problems and functional recovery in workers (online March 2014) (3rd ed.). Elk Grove Village, IL: American College of Occupational and Environmental Medicine. p. 11.
- ^ "The proactive role employers can take: Opioids in the Workplace" (PDF). National Safety Council. Archived from the original (PDF) on 10 May 2017. Retrieved 1 August 2017.
- ^ "DRUG EVALUATION AND CLASSIFICATION TRAINING - ADMINISTRATOR'S GUIDE" (PDF). January 2011. Retrieved 27 March 2024.
- ^ Drug Evaluation and Classification Program. NHTSA. pp. Sev IV Pg. 5–6.
- ^ "Drug Evaluation and Classification Program (DECP) Annual Report 2018" (PDF). International Association of Chiefs of Police. Retrieved 1 December 2022.
- ^ Walsh, J. Michael (2009). "A State-by-State Analysis of Laws Dealing With Driving Under the Influence of Drugs" (PDF). ems.gov. NHTSA. Archived from the original (PDF) on 13 November 2020. Retrieved 9 October 2021.
- ^ a b c "Archived copy" (PDF). Archived from the original (PDF) on 4 October 2021. Retrieved 9 October 2021.
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: CS1 maint: archived copy as title (link) - ^ "Marijuana-Impaired Driving : A Report to Congress" (PDF). Nhtsa.gov. Retrieved 2 March 2022.
- ^ Smith, Aaron (26 May 2017). "These companies are racing to develop a Breathalyzer for pot". Money.cnn.com. Retrieved 1 August 2017.
- ^ "Child Endangerment Drunk Driving Laws" (PDF). MADD. Archived from the original (PDF) on 29 March 2017. Retrieved 1 August 2017.
- ^ "wet reckless". LII / Legal Information Institute. Retrieved 10 May 2023.
- ^ Graham, Kyle (2011). "Facilitating Crimes: An Inquiry into the Selective Invocation of Offenses within the Continuum of Criminal Procedures". Lewis & Clark Law Review. 15: 667.
- ^ Tchir, Jason (10 June 2014). "How an impaired driving conviction can affect your car insurance rates". Globe and Mail. Retrieved 1 August 2017.
- ^ "The Medical Psychological Assessment: An Opportunity for the Individual, Safety for the Genera Public" (PDF). Archived from the original (PD) on 8 February 2012. Retrieved 10 October 2012.
Further reading
- Barron H. Lerner (2011). One for the Road: Drunk Driving Since 1900. Baltimore, MD: Johns Hopkins University Press.