You absolutely can be charged for driving under the influence of a street drug, over-the-counter medicine or prescription drug. Some states group these charges together with alcohol-related driving; others define separate crimes for alcohol and for drugs. In either case, the test is whether you drove while you were impaired. For example, the labels on many over-the-counter cold medicines warn users that they may cause sleepiness. If that's the case, it's best to wait until you're home to take the medicine.
Because breath tests don't turn up most drugs, you will likely be asked to take a blood or urine test. This can actually be good news, because these tests are not always acurate. For example, substances related to marijuana stay in the blood for up to 30 days after use. These substances aren't the same as the ones generated by recent use of marijuana. A skilled DWI lawyer may be able to point to this as evidence that you were not impaired while you were driving.
|