New definition of DUI adds tool for law enforcement

From the Trib Total Media:

In 2004, Pennsylvania changed its DUI laws to include the word “drug,” DUID, not just “controlled substances,” which traditionally covered only illegal drugs such as marijuana and cocaine.

And the number of DUID arrests has increased ever since.

In Pennsylvania in 2012, there were 50,000 DUI arrests. About 15,000, or 30 percent, of those were DUIDs, according to the Office of Pennsylvania Courts.

“The new law opened the floodgates to successfully prosecute any person impaired on any drug ranging from gasoline, bug and tar remover to designers drugs, prescription drugs,” said George Geisler, director of law enforcement services with the Pennsylvania DUI Association, eastern office in Harrisburg.

“Now, the new war is DUID,” said Cathy Tress, law enforcement liaison with the association.

A drug recognition expert and a police officer, Geisler trains police officers across the commonwealth to recognize the classic signs and symptoms of drug-impaired drivers.

“We examine drivers' eyes, their perception of time and distance, and then blood, pulse, body pressure and other indicators,” he said.

Geisler said, “We are looking at a tremendous switch to prescription drug abuse, over-the-counter drug abuse and of course, the designer drugs.”

Pennsylvania adopted the drug recognition expert program in 2004, the 39th state in the nation to do so, Geisler said.

Posted: 4/2/2013 2:57:00 PM

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Fine-tuning techniques for detecting 'drugged' driving

From newsworks.org:

A Montgomery County company is urging lawmakers to give police officers more tools to spot "drugged" driving.

Bill Anderson, a forensic toxicologist with NMS Labs in Willow Grove, Pa., says the legalization of marijuana in some states -- and expanded use of pain medicines nationwide -- has drawn more attention to the hazards of driving under the influence of drugs other than alcohol.

"I think the biggest change is the awareness of this, not only in drugs of abuse but in prescription items as well," Anderson said.

Many states have trained troopers to recognize signs of drug intoxication. Anderson said police could identify more problem drivers if they used readily available roadside saliva drug tests.

"It corroborates that observation that a stimulant might be involved," Anderson said. "You can see immediately that you have a drug that is most likely present as opposed to a medical condition, for example."

In 2007, the National Highway Traffic Safety Administration conducted a representative survey of weekend and nighttime drivers across the nation. About 16 percent of those drivers tested positive for illegal, prescription, or over-the-counter medications; 11 percent tested positive for illicit drugs.

Last week, U.S. Sen. Pat Toomey of Pennsylvania visited NMS Labs to tour the facility and discuss ways to prevent drugged driving.

Posted: 3/19/2013 9:16:00 AM

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Court weighs warrantless blood tests in DUI cases

From The Wall Street Journal:

Supreme Court justices showed unease Wednesday about letting police without a search warrant draw a blood sample from an unwilling drunken-driving suspect, but they also expressed sympathy for the urgency faced by officers in such traffic stops.

The justices heard arguments in a hot-button case on constitutional rights from Missouri, where authorities stuck a needle into the arm of handcuffed suspect Tyler McNeely.

The state, backed by the Obama administration, said it shouldn't have to wait for a magistrate's approval because blood-alcohol level diminishes after a person stops drinking. Mr. McNeely's lawyers said his Fourth Amendment protection against "unreasonable searches" was violated. They said 25 states explicitly require warrants for involuntary blood draws, suggesting the safeguard is workable.

Justices looked for middle ground between the two positions, although it wasn't clear if they could find it.

By requiring police to obtain a search warrant, often done through a telephone call to an on-duty magistrate, "you have a second judgment," said Justice Stephen Breyer. "The officer has to talk to somebody, so he's a little more careful. And that's a protection...for others who maybe weren't wobbling."

On the other hand, he continued, many states "want to enforce strict rules against drunk driving," and sometimes "it's not easy to get hold of a magistrate in 15 minutes."

A decision in the case, Missouri v. McNeely, is expected before July.

Posted: 1/10/2013 2:13:00 PM

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Bill Targets Drugged Driving

From The Colorado Observer:

The Senate State, Military and Veterans Affairs Committee advanced a bill to include marijuana under the state’s DUI law that currently sets legal limits for driving under the influence of alcohol. The Senators listened to more than six hours of scientific, legal and personal testimony of proponents and opponents.

Senate Bill 117 would extend Colorado’s DUI “per se” limit for alcohol impairment to include marijuana. More than 5 nanograms of delta 9-tetrahydrocannabinol (THC) per milliliter in blood is the legal threshold for “permissible inference that the defendant was driving under the influence of drugs.”

“The number of accidents has gone down. Yet fatal crashes with THC-impaired drivers have doubled in four years,” said Sen. Steve King (R-Grand Junction), sponsor of SB 117.

King co-sponsored a similar bill last year, but this year’s DUI bill criminalizes possession of a Schedule I controlled substance, such as LSD and heroin. If a driver is suspected of being impaired and tests confirm the presence of a Schedule II controlled substance, such as cocaine, codeine and oxycodone that is considered a permissible inference.

Critics argued that there are conflicting studies, that chronic users may show high THC levels even when they are not impaired, and medical marijuana users may be unjustly charged. Proponents countered that there are sufficient studies and drug-related traffic accidents support the need to address the issue.

And from The Denver Post:

There's disagreement over whether a blood THC test is a fair gauge of whether a driver is impaired, but a Senate panel voted 4-1 to forward the measure to the full chamber.

Pot activists said they agree driving while high should remain illegal. But some vigorously object to blood testing as a measure of impairment. Because marijuana chemicals are stored in the body's fat, levels can build up over time in people who use pot often.

Scientists gave conflicting testimony Monday.

"Nobody in this audience wants to have drugged driving policies, (but) there is disagreement about per se limits in chronic users," said Dr. Paul Bregman, a Colorado physician who recommends marijuana.

However, lawmakers were swayed by conflicting testimony from Cindy Burbach, forensic toxicologist for the Colorado Department of Public Health and Environment. She told lawmakers that the agency is getting more requests from law enforcement for blood THC tests, from 8,600 requests in 2009 to nearly 10,400 last year.

"Five nanograms is more than fair," Burbach told senators. She said the department used a different THC screening procedure before 2009, making comparisons before then impossible.

The 5-nanogram limit still must clear the full Senate, where a similar measure was defeated last year amid bipartisan opposition. Then the measure would head to the Republican House, which approved a similar measure last year.

States that have set a legal limit for marijuana have taken different approaches.

Nevada, which allows marijuana use for medical purposes, and Ohio have a limit of 2 nanograms of THC per milliliter for driving. Pennsylvania has a 5-nanogram limit, but unlike Colorado's proposal, it's a state Health Department guideline, which can be introduced in driving violation cases. Twelve states, including Illinois, Arizona and Rhode Island, have a zero-tolerance policy for driving with any presence of an illegal substance.

According to the National Highway Traffic Safety Administration, peak THC concentrations are present during the act of smoking and they generally fall to less than 5 nanograms within three hours.

Posted: 2/29/2012 8:52:00 AM

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Pennsylvania Puts Additional Drug Recognition Experts on the Road

From American Banking & Market News:

In Pennsylvania’s latest effort to bolster highway safety, 11 state troopers and five municipal police officers have been certified by the International Association of Chiefs of Police as drug recognition experts, or DREs, Pennsylvania State Police acting Commissioner Frank Noonan announced today.

“The Drug Evaluation and Classification Program is a national effort to train police officers to determine when an individual has been driving under the influence of drugs and to identify the type of drug causing the impairment,” Noonan said.

The program also trains officers to recognize whether an individual is suffering from a medical condition rather than drug impairment, he said.

“Alcohol is the intoxicant most often responsible for impaired driving, but it’s not the only one that renders individuals incapable of safe driving,” Noonan said. “Drug Recognition Experts are trained to determine if a driver is under the influence of illegal drugs, prescription drugs or any other substance that impairs a person’s ability to operate a vehicle safely.”

Motorists should know that they may be incapable of driving safely and can be charged with driving under the influence after ingesting any intoxicating substance, whether the substance is legal or illegal, prescribed by a physician or purchased over the counter, Noonan said.

Posted: 4/7/2011 3:14:00 PM

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MADD same message with a new twist

From EMC Ottawa South:

MADD for years has provided national education campaigns targeted at youth 16-18 years of age with unprecedented success rates due to diligently visiting high school after high school across Canada.

But as the times change, so does their message. MADD has updated their educational message to include the new and prevalent issue of drugs and driving. It is relevant now to have an anti drug-use and driving message specifically geared toward Marijuana.

"Everyone understands not to drink and drive but not everyone knows what technically constitutes impaired driving. Marijuana is easier to access for youth and has now risen above alcohol considering impaired driving rates," said Greg Thomson, MADD victim service representative.

Posted: 2/3/2011 2:26:00 PM

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Woman accused of killing C.H.P. officer gave birth six weeks before preliminary hearing

From ksby.com:

We learned exclusively today that California Highway Patrol Officer Brett Oswald and Kaylee Weisenberg were not the only ones involved in the June crash that took Oswald's life.

It was revealed that Weisenberg, who is accused of hitting and killing Oswald with a car, was pregnant at the time of the crash.

She gave birth six weeks ago to a baby who has been present for both days of Weisenberg's preliminary hearing.

She is facing four charges, including murder and driving under the influence.

Investigators say Weisenberg tested positive for meth after the crash.

"With the concentrations that are here, it would be my opinion that Ms. Weisenberg was affected at the time by her methamphetamine use," said Barry Logan, a toxicologist who testified.

Posted: 12/23/2010 1:43:00 PM

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December Named National Impaired Driving Prevention Month

In a presidential proclamation, President Barack Obama named the month of December National Impaired Driving Prevention Month.  In his proclamation he states, “Impaired driving and its consequences can seriously alter or even destroy lives and property in a moment. This reckless behavior not only includes drunk driving, but also the growing problem of drugged driving. Drugs, including those prescribed by a physician, can impair judgment and motor skills. It is crucial that we encourage our young people and fellow citizens to make responsible decisions when driving or riding as a passenger, especially if drug use is apparent.”

This statement coincides with the recent release by the National Highway Traffic Safety Administration (NHTSA) of new data from the Fatality Analysis Reporting System (FARS). One in three fatally injured drivers (33%) with known drug test results in the United States tested positive for drugs other than alcohol in 2009. While the number of drivers killed in motor vehicle crashes has declined over the past five years, the number of drivers positive for drugs has increased by 5%.

Posted: 12/3/2010 12:15:00 PM

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Prescription-based DUIs draw attention from police

From The Sierra Vista Herald:

When police officer James Boubelik pulls someone over for reckless driving, he looks for clues of impairment like dilated pupils, slurred speech or the smell of alcohol.

But it’s more than just alcohol and illegal drugs that Boubelik and other officers are looking for these days. They’re also looking for drivers impaired by legal, prescription drugs — harder to recognize than drunken driving and sometimes harder to prosecute.

Posted: 11/18/2010 1:56:00 PM

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NJ college places ban on boozy energy drinks

From the ABC News:

It's cheap, it comes in tall cans, and it contains caffeine, other common energy-drink ingredients — and as much alcohol as four beers.

After students at northern New Jersey's Ramapo College were hospitalized last month after drinking Four Loko, the college president ordered that it and similar drinks be banned — and he's encouraging other colleges and the state to follow suit.

Posted: 10/19/2010 1:08:00 PM

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