Harsher Laws in TN for Drugged Driving?
More and more, cops are finding the impaired drivers on Tennessee roadways aren’t impaired by alcohol, but drugs. More specifically, the people who are taking to the roadways are under the influence of prescription drugs. We’re obviously not talking about antibiotics here but powerful prescription narcotics and similar substances that are growing in popularity as recreational drugs.
According to the Tennessean, this upswing in drugged driving could potentially lead to more targeted drugged driving laws and even better detection methods and harsher penalties.
In Tennessee it is illegal to drive under the influence of illegal drugs and also to drive when impaired by legal drugs like those you have a prescription for. The problem for law enforcement largely comes in identifying when someone is under the influence. There’s no roadside drug test like the breathalyzer for alcohol.
Although it may be obvious if someone is high on LSD or some major behavior-altering drug, prescription drug intoxication isn’t always that obvious. Things like hindered reaction times and poor coordination are far more subtle to detect than someone who is hallucinating.
With only 80 drug recognition experts statewide, law enforcement feels at a significant disadvantage when it comes to detecting drugged driving and therefore enforcing the laws.
Their report states that auto accidents involving drugs have doubled since 2003. More than likely, many of these were due to the abuse of prescription drugs. In 2005 a study analyzed 200 consecutive DUI cases sent to the state Bureau of Investigation. 77.5% of these cases involved a positive toxicology test for drugs.
So, what’s the solution? Well, training more officers to recognize the subtle signs of drugged driving is crucial but some are advocating road side drug tests and making drug and breath test refusals harder to refuse.
Interestingly, in the entire three page report from the Tennessean, rehabilitation and treatment are not mentioned. Not once. It seems obvious to me, however, if someone is addicted or even has a slight problem with drugs, treatment would be an appropriate response to help curb repeat offenders.
“Harsher penalties” typically means longer jail sentences and license suspensions—two things that have been shown to have little to no effect on DUI recidivism. While the intentions may be good (to keep the roadways safe), the solutions of the status quo are played out and entirely off the mark.
If you are facing charges of drunk driving or drugged driving, you need to speak with an attorney who understands what you are up against. Together we can work to get you the best possible results on your day in court. Contact our attorneys today for a free consultation.
