A former police officer who now coordinates the Oregon Department of Transportation's impaired driving program is pushing for tougher DUII laws that would include any substance that impairs drivers, including prescription drugs. She says that abuse of these medications is an increasing problem in the state, but drivers affected by them currently aren't charged with a DUII.
The coordinator is one of about 190 officers in the state trained to detect impairment if a driver's blood-alcohol level isn't high enough for a DUII. She says there are about 1,000 to 1,200 of those evaluations every year, which are noted whenever they take place. Many of those drivers are under the influence of prescription drugs, she says. If their driving is bad enough, they might be cited for reckless driving, but since that impairment isn't registered with a blood-alcohol test, they usually can't be charged with DUII.
There are some prescription drugs that are considered controlled substances and can lead to a DUI charge, but many medications that impair a driver don't fall under that category. The coordinator has tried unsuccessfully in the past to get these drugs to qualify for a DUII charge. She plans to try again in 2013, but is faced with a Catch-22. It's hard to pass such a law without extensive data, and getting that data would require expensive testing that's hard to manage without a mandate. Without the data it will be hard to pass a law, but without the law it will be tough to get the data.
Prescription drug abuse is in fact a growing problem, but there are plenty of people who use these drugs responsibly and out of necessity. A law that allows police to charge drivers with DUII based on a subjective perception of impairment has dangerous implications, especially for those who have legitimate prescriptions for their medical problems.
Source: Herald and News, "Working to change DUII laws," Samantha Tipler, May 2, 2012
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