Public awareness campaigns about impaired driving often highlight the dangers of getting behind the wheel after drinking. The law clearly forbids driving when you have a blood alcohol concentration above a certain threshold.
However, there are many mind-altering substances that can affect a motorist’s ability to control their vehicle. State law allows for the prosecution of individuals with detectable amounts of drugs in their bloodstreams. Prosecutors may even bring charges against people who have metabolites present in their bodies that indicate they may have consumed certain drugs previously.
Drugged driving allegations technically fall under the driving under the influence (DUI) statute, just like allegations of drunk driving. What penalties can the courts impose after a conviction for a drugged driving offense?
DUI penalties depend on the driver’s record
The more impaired driving violations a motorist has on their record, the harsher the penalties. The courts generally have a degree of discretion during sentencing as long as the penalties meet the minimum standard imposed by state law.
A first DUI conviction typically leads to a minimum of 72 consecutive hours in state custody. Drivers could face sentences of up to six months. They may also need to pay between $1,000 and $5,000 in fines. The courts can suspend their driver’s license for 18 months or longer. The defendant may need to perform community service and attend a special education course and/or a victim impact panel.
Minimum penalties increase with each subsequent conviction. After a second conviction, the minimum jail sentence increases to 90 days, while the minimum fine increases to $1,500. Third convictions are a higher degree misdemeanor charge. Drivers face a minimum of one year in state custody and $2,500 in fines.
There are numerous defenses possible for those accused of drugged driving. Criminal defense attorneys can help drivers establish the traffic stop was illegal. They can also present evidence in court that may provide an alternate explanation for poor driving or a failed chemical test.
Understanding the possible penalties after a drug-related DUI conviction may inspire people to fight the charges they face. Drivers who avoid a conviction don’t have to serve time in state facilities, worry about losing their licenses or pay large fines.
