You’ve been hit. The other driver stumbles out of the car and starts acting crazy. Before long, the police charge the driver with driving under the influence of drugs. What exactly does that mean? Here are four common questions and answers you should know about drugged driving cases in Pennsylvania:
Is it DUI or DUID?
Drunk driving and drugged driving are similar charges and are prosecuted—or defended—in much the same way. However, Pennsylvania does have laws specifically regarding driving under the influence of drugs—both illegal and prescription.
What’s Per Se Law?
You may have heard the police or your lawyer refer to the per se standard used in Pennsylvania drugged driving cases. Touted as one of the most effective ways to reduce drugged driving, our per se standard states that any amount at or above 1 nanogram per milliliter of any illegal drug is considered evidence enough to convict a person of drugged driving.
What If It’s Prescribed?
It doesn’t matter. A prescription drug that interferes with a person’s ability to drive is just as dangerous as an illegal drug that affects the person in the same way. For that reason, Pennsylvania drugged driving laws allow a person to be prosecuted if their driving capabilities were said to be impaired by any drug—even if the person has a prescription for that drug.
What Is Impaired Driving?
Impaired driving is a relatively loose and subjective term. Anything that changes a person’s normal driving behavior could be considered impairment. Prosecutors typically look at the person’s behavior to determine if any of the following—or similar—symptoms were present in the driver:
- Had trouble focusing on the road
- Was unable to stay in the proper lane
- Had difficulty following traffic signals
- Had a slowed reaction time
If the driver who hit you had any of these symptoms or you have any other reason to believe that the driver may have been under the influence of drugs, you should consult with a skilled Lancaster car accident lawyer who can help you get compensation for injuries you suffered in the crash. For more information, fill out our contact form or start an online chat with one of our representatives now.