What Happens If You're Charged with Driving under the Influence of Drugs? Oran ge County police officers and district attorneys have a new weapon. Since the National Highway Traffic Safety Administration initiated the Drug Recognition Expert program, DAs and officers are increasingly using the "driving under the influence" charge aga inst those using prescription or over - the - counter (OTC) drugs while driving. The problem is, scientific research has yet to determine accurately how much different medications actually impair driving. If you're charged under this new program, you and your OC DUI lawyer have options for defending yourself against these charges. How DUI Charges Are Applied to Prescription and OTC Counter Drug Use DUI laws were established to deter drunk driving. There is abundant research to back up how much a certain amou nt of alcohol affects drivers, and many of them consider tolerance levels due to fast metabolism or past abuse. The new Drug Recognition Expert (DRE) program gives law enforcement officers some basic, low - level training on how different prescription and OT C drugs are supposed to react in the human body, and how they can potentially affect a person's ability to safely drive a vehicle. These DREs are not doctors and have no medical training -- only a class on the basics. The problem is, there are so many di fferent drugs, and many patients are prescribed a combination of drugs to treat one or more medical conditions. It's often impossible even for advanced medical experts to predict what the effects of these drugs on any individual, especially in combination, have on a person's ability to drive. Furthermore, research is not available on tolerance levels, and unlike alcohol, people have a wide range of experiences when taking Rx or OTC medications. Therefore, it's impossible to relate a certain amount of a drug in a driver's system with their actual ability to operate a motor vehicle. What to Expect if Pulled Over for DUI for Drugs A DUI stop for drugs proceeds much like an alcohol DUI stop. The officer will likely ask if you have been drinking or taking any drugs or medications. You will probably be asked to conduct a field sobriety test, including a one - leg stand, walk and turn, and an eye check for nystagmus, which is a medical term for jerky eye movements often associated with intoxication. Officers gener ally have the driver take a breathalyzer test as well to determine if alcohol is involved. In Orange County, it's also common for officers to summon a DRE to examine the driver, or to have the driver meet with a DRE upon arriving at the police station. H ow to Fight a DUI for Drugs Charge The first step, which you should take as quickly as possible, is to contact an OC DUI attorney with experience fighting DUI for drugs charges. This is different than fighting ordinary DUI charges for alcohol, so it is c ritical you find an attorney with specific
