APRI Highlights - Winter 2002

National Traffic Law Center

Marcia Cunningham, Acting Director

The National Traffic Law Center is working with the American Bar Association’s Subcommittee on Substance Abuse on an in-depth study of per se drugged driving legislation. Such legislation, in various forms, currently exists in only 11 states (and of those, two apply only to drivers under 21 years of age). This issue can be of great significance to prosecutors. While there will still generally be the need for some signs of impairment on the part of the driver to demonstrate the requisite probable cause to obtain a sample for drug testing, a per se law can be an invaluable tool.

Toxicology issues surrounding drugged driving are vastly more complicated than driving under the influence of alcohol. The sheer number of drugs and drug combinations is nearly mind-boggling. What about poly-drug use? How many substances can the lab test for from a single sample? Should the sample be blood or urine? How accurate, and available, is saliva-testing for drugs? What’s the definition of “drug”—should it be limited to controlled substances? Legally prescribed vs. illegal drugs? What about inhalants, such as “whippets” and spray paint?

The work of the subcommittee is far from complete. Perhaps more questions were raised than answered. In the meantime, NTLC is interested in hearing from prosecutors in those jurisdictions that currently have per se drugged driving statutes to learn more about their promises and pitfalls. Please contact us as provided below with a brief summary of your experiences.

The much-requested state law summary chart on Forced Blood Draws in DUI Stops is nearing completion. After it is reviewed by each of the states’ prosecutor coordinators’ offices, the chart will be available for distribution. It will also be posted on our Web site, www.ndaa-apri.org. Over the next several months we will continue updating our current state charts, and plan to add more (e.g., States Requiring A Second Breath Test; Child Endangerment and DUI: When a Child Is a Passenger).

To contact APRI’s National Traffic Law Center, please e-mail us at trafficlaw@ndaa-apri.org.