Driving while impaired by drugs risks the death of the driver as well as fatal accidents where passengers and those in other vehicles are killed.
In a report published in May 2018 by the Governors’ Highway Safety Association (GHSA) comes the following warning:
Drug use and abuse are critical social issues in the United States in 2018. Two drug families in particular stand out: marijuana (cannabinoids) and opioids. Marijuana and opioid use affect driving and can cause crashes.
State highway safety offices are concerned: in a survey, virtually all said drugged driving is a problem and the majority rated it equal to or more important than driving while impaired by alcohol.
For details read the full 40-page report online: Drug-Impaired Driving: A Guide for States (GHSA 2018), page 3.
Of course, driving while in a compromised physical and mental state due to drugs is illegal in both Indiana and Illinois, just as laws have been passed against drunk driving.
Driving and Drugs: Criminal Laws of Illinois and Indiana
The criminal laws that outlaw drugged driving (DUID) are not as clear as those enacted against driving while under the influence of alcohol (DUI).
First, the drugged-driving laws are forced to cover a variety of substances, from prescription drugs to over-the-counter medications, to illegal or street drugs. Secondly, drugged-driving is not as easy to spot or to confirm as drunk driving, where police procedures like field sobriety tests and Breathalyzers are standard procedure. Third, the laws vary state to state and there is no overriding federal drugged-driving law.
In dealing with the issue of dangerous drugged drivers, different kinds of statutes have been passed:
(1) Zero Tolerance laws, which make it a crime for a driver to operate a motor vehicle with any amount of certain kinds of drugs in his body. Zero tolerance laws in Illinois and Indiana work to stop drivers driving under the influence of illegal drugs like cocaine, heroin, or meth.
(2) Per Se laws, which make it a crime for a driver to operate a motor vehicle with drugs in his body that are over a set statutory limit, as defined in the state statute.
From the Governors’ Highway Safety Association come the following summaries of the current criminal laws of Illinois and Indiana regarding drivers who operate motor vehicles while under the influence of drugs:
Zero Tolerance for Some Drugs
- Zero tolerance for some drugs – Illinois
- Zero tolerance for some drugs – Indiana
Per se Laws for Some Drugs
- None – Illinois
- None – Indiana
Marijuana Laws
- Possession and Use:
- Decriminalized; legal for medical use in Illinois
- Illegal in Indiana
- Impaired Driving:
- Zero tolerance for THC and metabolites in Illinois
- Zero tolerance for THC and metabolites in Indiana.
Drugged Driving and Motor Vehicle Accidents
Recently, the U.S. Army issued a warning to members of the military to be aware of the dangers of driving while under the influence of drugs. Citing research from the National Highway Traffic Safety Administration, soldiers and their families were warned that drugs are involved in about 18% percent of motor vehicle driver deaths.
NHTSA reports that 20% of nighttime weekend drivers test positive for driving drugged. However, it is impossible to know the extent of the danger of drugged drivers, due to the variety of substances involved and the limited ability to confirm and/or test for them.
It has been confirmed that in 2016:
- 43.6% of drivers with known drug test results were drug-positive;
- 50.5% of drivers who were tested and found to be drug-positive were positive for two or more drugs;
- 41.1% of the drug-positive fatally injured drivers were positive for some form of marijuana;
- 19.7% of the drug-positive drivers were positive for some opioid.
Deaths Caused by Drugged Driving Accidents
In its 2018 Report, GHSA points out that it is easier to determine drivers who have been driving under the influence of drugs when they die in the crash than those who survive their injuries, because fatally-injured drivers are tested for drugs more frequently than surviving drivers.
The drugged driver problem is increasing. From 2006 to 2016, fatally-injured drivers who were tested and came back drug-positive almost doubled.
December is National Impaired Driving Prevention Month
December 2018 has been proclaimed National Impaired Driving Prevention Month, as part of a national campaign to increase public awareness of the danger of drivers who are impaired by drugs.
As we have discussed earlier, the danger of a driver driving under the influence of drugs can include those who are ignorant of the risk as they trust drugs prescribed by their doctors, or over-the-counter medications they have purchased to combat cold symptoms or seasonal allergies.
For example, read our discussion of the dangers of taking Benadryl before driving a motor vehicle in “Dangers of Drug-Impaired Driving Accidents in Indiana and Illinois.”
Drivers Impaired by Drugs Causing Serious or Deadly Accidents
While driving under the influence of drugs is illegal in both Indiana and Illinois, all too many drivers are ignoring the criminal laws as they take the wheel after ingesting illegal substances as well as prescription drugs and over the counter medications. Researchers are unable to tally the exact number of drugged drivers on our roads, but we know the danger is high and the risk is increasing.
If you or a loved one is the victim of an accident where drugged driving may be the cause of the crash, then it is imperative to investigate the possibility that the driver was operating under the influence of drugs or medications at the time of the accident.
While it is illegal to drive while drugged, police reports may or may not confirm the driver was driving impaired at the time of the collision.
Personal injury and wrongful death laws in both Indiana and Illinois exist to help drugged driving victims find justice in the aftermath of a drugged driving accident, where damages can be awarded that range from emergency room costs and hospital bills to funeral expenses and pain and suffering for the victim and his grieving loved ones.
Especially during this holiday season, it is important that we are all aware of the possibility we are sharing the roads with one or more drivers that are driving impaired and under the influence of drugs. Please be careful out there!
