If police officers suspect individuals of impaired driving ability, they may conduct traffic stops. They may ask drivers to perform field sobriety tests, and they may also administer chemical tests. Driving while impaired (DWI) charges frequently follow failed alcohol tests and clear displays of impaired driving ability. State law prohibits operating a motor vehicle while under the influence of any mind-altering substance.
People can potentially face driving while impaired by a drug (DWAI-Drug) charges if police officers assert that they consumed prohibited, prescription or over-the-counter medication before driving that affected their driving capabilities. While the name of the charge is essentially the same, there are some important differences between an alcohol-based DWI offense and a DWAI/Drug offense.
There is no per se limit
Alcohol-based DWI cases are often relatively straightforward. The state either needs clear evidence of diminished driving ability or evidence of a failed chemical test. Any adult driver with a blood alcohol concentration (BAC) of 0.08% or higher is at risk of prosecution. No such limits exist for any of the drugs that could trigger DWAI-Drug charges. Simply admitting to consuming them or having a detectable amount of any mind- altering substance is an adequate legal reason for criminal prosecution.
The courts may take the case more seriously
Technically, the same basic penalties apply to DWAI charges regardless of the type of impaired driving. However, drugged driving tends to carry more social stigma. In some scenarios, the courts may be more likely to impose the maximum penalty possible in a DWAI-Drug scenario.
Those facing a standard DWI charge or a DWAI-Drug charge may spend up to a year in jail. The courts may order them to pay between $500 and $1,000 in fines and may revoke their license for at least six months. A second offense could lead to between $1,000 and $5,000 in fines, as well as up to four years in jail and a year-long license revocation.
The defense strategies that people might use may be different as well. Fighting back against drug-related DWI charges requires careful preparation. Motorists who understand the law are in the best possible position to begin developing a defense strategy.