Driving Under The Influence Of Drugs In San Diego
Earlier this week, we posted this article on our San Diego Car Accident Lawyer Blog about a car driver under the influence of drugs who struck a bicycle rider.
When that article was written, it was brought to light that many San Diegans do not know the difference between driving under the influence of drugs and driving under the influence of alcohol. Essentially there is no difference. However, there is one slight difference in the consequences and a difference in the way that the offense is proven.
When a suspect is charged with driving under the influence of alcohol, a measurement of a blood alcohol content (BAC) of .08% that can be used to determine whether the suspect has had too much to drink or not. If the suspect has a BAC of .08% or higher then there is a "per se" offense--that is, a strict breaking of the law--and the driver can be charged. When the suspect is driving under the influence of drugs, there is no BAC and therefore no "per se" offense. The DMV is therefore not able to administratively suspend the license of a suspect driving under the influence of drugs. However, the driver's license may be suspended as a criminal conviction.
Chemical testing is the second way in which the two offenses differ. As stated above, the standard way for San Diego police officer to test for alcohol in a car driver's system is to use a breathalyzer. However, a breath test cannot register the presence of drugs in the suspects system. If a San Diego police officer suspects that the driver is under the influence of drugs then a blood test may be taken, and sometimes a urine test.
When prosecuted, the suspect may have the arresting officer's comments used against him as evidence. The San Diego police officer may comment on the suspect's physical appearance, performance with field sobriety tests, erratic driving, incriminating statements, and his or her conduct.
One problem with convicting a suspect with a driving under the influence of drugs charge is that many times a San Diego police officer is not qualified to indicate the different symptoms that drugs might have. If the San Diego Police Officer is not qualified then the defense has the power to stop the police officer from testifying. Because of this, many times a San Diego Police Officer will call a "drug recognition expert", or a DRE, to identify the symptoms of various drugs.
San Diegans should know that the type of drug used is not what is important in a case. A suspect may be charged with a DUID even when they have used over the counter drugs. The main focus is the mental stability and physical capabilities of the driver. Because of the lack of knowledge of drug impairments, it makes it difficult for a suspect to be convicted of a DUID charge. It is difficult to compare the amount of drugs to the severity of their impairments. Also, it is challenging to identify an individual's tolerance to a particular drug. Because of these complications, the prosecution may have an arduous time convicting the suspect.
If you or someone you know has been injured in a San Diego DUI car accident, please contact your San Diego car accident lawyer, Ross Jurewitz, and the San Diego personal injury attorneys at the Jurewitz Law Group at (619) 233-5020. You can also contact these San Diego injury lawyers online here.
