Is Drunk Driving a Misnomer?

 

When most people hear the words “drunk driving,” they automatically picture a drunken driver swerving all over the road. You also might have a similar reaction when you hear the terms “DUI” or “DWI.” Driving under the influence (DUI) or driving while intoxicated (DWI) have become synonymous with drunk driving. However, it might surprise you to learn not everyone charged with drunk driving is actually drunk.

 

When is a Person Drunk?

 

The amount of alcohol in your blood determines when you’re legally intoxicated. In the United States, the limit for all adults is 0.08 percent. That means an alcohol blood level below 0.08 percent means you’re not legally drunk – even if the room is spinning and you want to pass out. Likewise, you could feel more sober than you’ve ever felt – and discover that your blood alcohol level is 0.08 percent or higher.

 

If you’re caught driving with a blood alcohol level of 0.08 percent or higher, then you’re legally chargeable with the offense of drunk driving. You may earn yourself a DUI or a DWI and possibly serve jail time, pay a fine or face other punishment. However, this still doesn’t explain how anyone could consider drunk driving a misnomer. After all, doesn’t a person have to be drunk in order to get charged with drunk driving? The answer might surprise you.

 

Driving Under the Influence

 

You may find yourself facing a DUI or DWI charge when you’re not legally drunk. By law, driving under the influence or driving while intoxicated includes substances other than alcohol.

 

Any substance that hinders your ability to walk, talk, hear, judge distances or think clearly can land you in hot water. The law in many states doesn’t differentiate between alcohol, a prescription medication, an over the counter medication, a legal drug or an illegal drug. Any substance that impairs your senses can get you accused of drunk driving.

 

Consider the following: A professional banker and family man is preparing for work. He has a legal Lortab prescription because he recently underwent back surgery. He decides to take two pills before work because his back is hurting. While at work, he starts to develop a migraine headache. In order to stop the pain before it escalates, the man takes two Aleve. Both drugs warn of possible drowsiness, and advise to avoid driving after taking a dose. An hour later, the man enters his car and heads out for lunch – and slams into the back of a car stopped at a stop sign.

 

When the police arrive, the man appears fine. The police officer questions the man, and discovers he’s taken prescription and over the counter medications within a short period. Just like that, the man is now charged with a DUI or a DWI – and has to defend that charge just as if he’d consumed alcohol and was pulled over and arrested for alcohol related DUI.

 

Depending on the state, several things can happen to the man. He could lose his driver’s license, spend time in jail, get community service or pay a hefty fine. In addition to that, his personal and business reputation could suffer as well.

 

Detection of Alcohol vs. Other Drugs

 

As mentioned earlier, having a blood alcohol level of 0.08 percent or higher means you’re legally drunk. An officer can perform a breathe analyzer test on the spot to determine if you’ve had one too many drinks.

 

Detection is more difficult when it comes to recognizing the effects of drugs. There’s no set limit that defines when a person is impaired by a legal or an illegal drug.

 

In most cases, a driver is considered to be under the influence any time a drug impairs their judgment or makes driving dangerous. Several states – including Georgia, New York, Colorado and Arizona – participate in Drug Evaluation and Classification Programs.

 

The programs teach officers how to recognize appearances and behaviors possibly associated with drug use. Once an officer completes one of these programs, they become Drug Recognition Experts (DRE). If an officer suspects a driver is under the influence of drugs, the officer may take the driver for a blood or a urine test.

 

Understanding the Misnomer

 

As you can see, drunk driving involves more than simply driving while under the influence of alcohol. The next time you take a prescription or non-prescription drug, reconsider your decision to drive. Remember that any substance – legal or illegal – may saddle you with a DUI or a DWI conviction.