Admissibility of Evidence of Drug Use in Driving Under the Influence of Drugs Cases

The finding of a drug of abuse in a subject's blood or urine may result in extreme prejudice against the defendant even if evidence of impairment is not convincing. The mere presence of such a controlled substance may be enough for conviction. For this reason, many courts require probable cause for suspecting drug impairment before a sample can be taken and/or analyzed for the drug. The Drug Evaluation and Classification program (DRE) evaluation in some cases will be enough to show probable cause.

Elements of Criminal Offense of Driving While Impaired

Drunk driving statutes across the country are not uniform in how they describe the degree of inebriation that is required for conviction for a drunk driving offense. For example, some states have interpreted the terms "intoxicated" and "under the influence" as meaning the same thing, while others have concluded that the two terms represent different levels of impairment. States that view the terms as the same conclude that the degree of inebriation or impairment of the faculties required are the same.

Criminal Offense of Driving at an Excessive Rate of Speed

A speeding offense constitutes the operation of a motor vehicle at a speed in excess of that permitted under the state statutes, local ordinances, or highway or traffic commission regulations. The typical speed statute prohibits driving in excess of a specified number of miles per hour. In addition to setting forth the specified maximum rate of speed, the speed statutes usually contain provisions prohibiting driving at a speed greater than is ''reasonable and proper'' or ''reasonable and prudent'' under the prevailing conditions or having regard to the actual and potential hazards then existing, or words of similar import.

Reckless Driving Violations

A person commits the offense of reckless driving if the person drives a vehicle in willful or wanton disregard for the safety of people or property. The phrase "willful and wanton" means that the motorist showed deliberate and conscious indifference to the safety of others. The essence of reckless driving lies in the manner and circumstances of the vehicle's operation, not merely in the act of operating a vehicle.

DUI Roadblocks

When a vehicle is stopped due to a roadblock that has as its main purpose the detection of drunk drivers and/or a license and safety check, there is a split of authority as to whether the stop violates the Fourth Amendment to the United States Constitution.