How Are DUI Cases Involving Drugs Different from Alcohol-Related DWIs?
Driving under the influence (DUI) cases are often associated with alcohol, but many involve drugs instead. In Missouri, the laws governing drug-related DUIs differ in several key ways from those dealing with alcohol-related DWIs. While both offenses carry serious penalties, law enforcement officers use different methods to detect impairment.
The legal defense strategies vary depending on whether alcohol or drugs are involved. Understanding these differences is crucial for anyone facing DUI charges.
Differences in How Impairment Is Measured
Unlike alcohol-related DWIs, where law enforcement uses breath tests to measure blood alcohol concentration (BAC), drug-related DUI cases rely on different testing methods.
Lack of a universal impairment threshold: While Missouri law establishes a BAC limit of 0.08% for alcohol-related DWIs, according to the Missouri Department of Revenue, there is no set legal limit for drugs. Officers must rely on behavioral observations and chemical tests.
Use of blood and urine tests: In drug-related DUI cases, law enforcement officers often request blood or urine samples to detect the presence of drugs. These tests can indicate whether drugs are in a person’s system, but they don't always prove impairment at the time of the arrest.
Field sobriety tests: Officers may use field sobriety tests to assess a driver’s coordination, reaction time, and cognitive function. However, these tests can be subjective and influenced by other factors, such as medical conditions or fatigue.
Lack of a standardized roadside test for drugs: Unlike alcohol breath tests, there is no widely accepted roadside test for detecting drug impairment, making it more difficult to establish immediate proof of intoxication.
Because there isn’t a set legal threshold for drug impairment like there is for alcohol, prosecutors must rely on expert testimony and additional evidence to prove a driver was impaired at the time of the arrest.
Challenges in Detecting Drug Impairment
Detecting drug impairment is more complicated than testing for alcohol because different drugs affect individuals in various ways.
Varied drug effects: Alcohol generally impairs individuals in predictable ways, but drugs — whether prescription, over-the-counter, or illegal — can have different effects. Some may slow reaction time, while others cause heightened alertness or erratic behavior.
Drug recognition experts (DREs): Missouri law enforcement officers sometimes rely on specially trained officers called Drug Recognition Experts to evaluate signs of drug impairment. These officers use a standardized 12-step process to determine whether a driver is under the influence of drugs.
Presence versus impairment: The presence of drugs in a person's system doesn’t always mean they were impaired while driving. Some substances, like marijuana, can stay in the body for days or weeks after use, making it difficult to determine if impairment occurred at the time of the arrest.
Poly-drug use: Some drivers may have multiple substances in their system at once, such as a combination of alcohol and drugs. This can complicate impairment assessments because different substances interact in ways that aren’t always predictable.
Since drug impairment can be harder to prove than alcohol impairment, defending against drug-related DUI charges often requires challenging the methods used to determine impairment. I can outline some key strategies and stand by you throughout your case at Guilfoil Law Group.
Differences in Legal Penalties and Consequences
Missouri imposes serious penalties for both alcohol-related DWIs and drug-related DUI charges, but the consequences can vary depending on the substance involved.
License suspension: Both alcohol- and drug-related offenses can lead to license suspension, but the process differs. In alcohol-related cases, drivers may be eligible for a restricted driving permit with an ignition interlock device. In drug-related cases, these options may not always be available.
Fines and jail time: The penalties for drug-related DUI charges are similar to those for alcohol-related DWIs, including fines, probation, and possible jail time. However, penalties may be enhanced if the driver has prior offenses or if certain drugs were involved.
Impact on employment and professional licenses: Drug-related DUI convictions can have a greater impact on professional licenses, security clearances, and employment opportunities, particularly for those in healthcare, transportation, and government jobs.
Possession-related charges: If an officer finds illegal drugs in a driver’s vehicle, the person may face additional charges for drug possession, which can carry separate penalties beyond the DUI offense.
Understanding these penalties is essential for anyone facing DUI charges, as they can have long-term consequences on a person’s life and career.
Differences in Court Proceedings
While alcohol-related DWI cases follow a relatively standard legal process, drug-related DUI charges often involve additional legal considerations that can complicate the proceedings.
Use of expert witnesses: Because drug-related impairment is harder to prove, prosecutors often call expert witnesses, such as toxicologists, to testify about how specific drugs affect the body.
Extended legal proceedings: Since drug DUIs may involve detailed evidence, such as blood test results and expert opinions, the legal process can take longer than alcohol-related cases.
Challenges in jury perception: Jurors may have different biases when it comes to alcohol versus drug-related offenses, which can impact the outcome of a trial.
Understanding these courtroom differences can help defendants prepare for what to expect when facing drug-related DUI charges.
Defense Strategies for Drug-Related DUIs
Because proving drug impairment is more difficult than proving alcohol impairment, there are several possible defenses in drug-related DUI cases.
Challenging the traffic stop: If the officer didn’t have reasonable suspicion to stop the driver, any evidence obtained during the stop may be inadmissible in court.
Questioning test accuracy: Blood and urine tests can be unreliable, especially if they aren't administered properly. Lab errors, contamination, or false positives can all be grounds for challenging the results.
Disputing officer observations: Field sobriety tests and officer testimony are often subjective. If an officer’s conclusions about impairment are questionable, the defense may challenge their credibility.
Medical conditions and prescription drugs: Some medical conditions and legally prescribed medications can mimic signs of impairment. Providing medical records and expert testimony can help explain the driver’s behavior.
Challenging drug test limitations: Since drug tests only detect the presence of substances and not real-time impairment, a defense attorney can argue that test results don’t prove the driver was under the influence at the time of the arrest.
Lack of clear drug impairment laws: Because Missouri doesn’t have a set legal limit for drug-related DUIs, the prosecution must rely on subjective factors. A strong defense may focus on the weaknesses of this approach.
A strong defense strategy often depends on identifying weaknesses in the prosecution’s case and presenting evidence that casts doubt on the claim that the driver was impaired. It pays to have an experienced DUI attorney in your corner. Turn to Guilfoil Law Group and have my skills work for you.
Reach Out Today
The penalties for drug-related DUIs can be severe. If you or a loved one is facing DUI charges, seek experienced legal representation with Guilfoil Law Group.
I serve clients in Kansas City, Missouri, as well as Clay County, Platte County, Jackson County, and anywhere in Missouri. It is crucial to fight the charges and protect your rights. Call today for a consultation. I’d be happy to answer any questions you may have about DUI charges in the Kansas City area.