Chicago DUI lawyer says drinking and driving has taken a back seat to drugs and driving

This Chicago DUI lawyer has posted here, here, and here on DUI's involving drugs, not alcohol. Well, looks like the American people have spoken and their poison of choice no longer comes in a bottle. National HighwayTraffic Safety Administration (NHTSA), your tax dollars hard at work, has released a study indicating that more night-time drivers are testing positive for drugs than alcohol.

July 13, Washington, D.C.

Random roadside checks show that the percentage of people driving under the influence of alcohol appears to be declining, but many weekend drivers test positive for drug use.

The findings come from the latest roadside survey by the National Highway Traffic Safety Administration based on breath, saliva, blood samples and questionnaires taken from randomly selected drivers in 300 locations around the United States. In 1973, 7.5 percent of drivers had a blood alcohol concentration of .08 or higher. (A level of .08 is above the legal limit in all 50 states.) In the latest survey, the percentage of people driving above the legal alcohol limit had fallen to 2.2 percent.

For the first time, the roadside survey also used screening methods to detect marijuana, cocaine and prescription drugs. The survey found that 16.3 percent of nighttime weekend drivers tested positive for drugs. Nearly 9 percent had used marijuana, whereas nearly 4 percent tested positive for cocaine and a similar number had used prescription drugs. The drug tests only indicate the presence of the drug in the body and don’t indicate when the drugs were used or whether the driver was impaired.

Because the survey was anonymous, readings from breath, saliva and blood samples weren’t immediately available to interviewers. However, if a driver appeared to be impaired, the interviewers attempted to obtain a readable breath sample. Drivers who appeared impaired or who were confirmed to be impaired weren’t arrested, but they also weren’t allowed back on the road. Instead, they were allowed to call for a ride, driven home by fellow passengers, offered a ride by the researchers themselves or even offered a hotel room.

“They went to great lengths to prevent these people from driving home,” Mr. Michael said. “It was not an enforcement stop. The important thing was we didn’t want to allow anybody back into traffic that appeared to be impaired.

I think many of my Chicago DUI clients wish this study took place here. After all, the "impaired drivers" were not arrested, they were just prohibited from driving.