Many people probably understand that they can face charges for driving under the influence for operating a vehicle with a blood alcohol content level above the legal limit of .08. However, some may not realize that the Oregon legislature is considering expanding the definition of what would qualify a person for a DUI. Under the current law, an intoxicant is defined as alcohol, inhalants, controlled substances or any combination of those three.
Under the new proposed law -- House Bill 2115 -- the definition of intoxicant would be expanded to include any substance that could negatively affect a person's mental or physical faculties in a noticeable way. In other words, this new law would include prescription drugs and synthetic drugs which mimic the effects of illegal drugs. The new bill would not include food as an intoxicant.
Opponents of the bill argue that it is too expansive without giving warning to the public. Under the terms of the bill, someone could be arrested if they are suspected of being under the influence of an intoxicant. With this expanded definition, these intoxicants may be more difficult for prosecutors to prove and people may be subjected to invasive procedures to test the level of drugs in their system. Some say that this bill is so expansive that even something as simple as caffeine could be considered an intoxicant.
Having an expanded drunk driving law could come as quite a shock for some, especially those that only use prescription medication. The effects of getting a DUI or DUII could be severe. People could end up facing large fines, jail time and a driver's license suspension if they are found guilty. Proponents do say there will be a defense to the law for those who experience unusual side effects from prescription medication. Furthermore, prosecutors will still have the burden of proving a person was under the influence at the time of the arrest.
Source: Statesman Journal, "Oregon lawmakers consider expanding drunken driving definition," Peter Wong, Feb. 4, 2013
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