Drug Related DUI’s Harder to Prosecute

When you think of a “Driving Under the Influence” charge, you might think of alcohol first. But law enforcement is facing some challenges when it comes to prosecuting drugged drivers these days.
According to the Center for Advanced Public Safety, more than 6,000 DUI-related accidents happened even in a small state like Alabama with a population of less than 5-million (1/8th the size of California) last year, killing 208 people.

Numerous drug and alcohol use accidents in that state has led to a change in law. In 2009, the state passed Taylor’s Law, to make teenagers understand driving is a privilege not a right. Now some are calling for another change in the law.

“You never know when one DUI will become the one that cost somebody their life, and I carry that thought with me every time I prosecute a DUI,” said Limestone District Assistant District Attorney Matt

Huggins. Huggins handles the majority of DUI cases in Limestone County. But he said he has a tough time getting a guilty conviction when prescription pills and illegal drugs are involved.

Under current Alabama law, it is difficult for us to prove DUI Controlled Substance and the reason is that there is no legal presumption for a level of intoxication. For example, with DUI alcohol there is a presumption that if your blood level is .08 percent or higher that you’re legally presumed to be under the influence of alcohol. With prescription drugs, there is no such presumption.
In most cases, Huggins said he needs a blood test to prove the level and type of intoxication.“If the defendant doesn’t admit that they have been taking prescription drugs, if we do not find them in the car, it’s not very likely we will get a guilty conviction without a blood test,” said Huggins.

Now Senator Arthur Orr is sponsoring a bill that would better define the influence limits of illegal and prescription drugs.

For example, the bill would put a legal limit of 5 nanograms per milliliter of blood of THC found in marijuana, a measure that matches other state(s) laws. Any amounts of cocaine, methamphetamine, and a list of nine prescription medications would also be considered under the influence unless driver’s have a prescription for the substance and are taking it as prescribed.

“You see many other states going towards this. And then when I mentioned it to our prosecutors, they were very much in favor of it because we have a lot people driving under the influence of drugs,” said Orr.

Senator Orr presented the bill in this year’s legislative session but it was indefinitely postponed. He plans to try again next year. If the law were passed, no blood test could be done without the driver(s) consent or a search warrant.