HOW DOES FAIRFAX COUNTY HANDLE ARRESTS FOR DWID (Driving While Intoxicated – Drug Related)
Many people are aware that the limit for a dwi arrest is .08. However very few people are aware of how the law handles dwi cases where the person is suspected of being under the influence of some other type of narcotic.
These cases present challenges to the Government in a number of ways:
- Officers don’t deal with them as frequently and may not be properly trained on how to gather evidence
- Prosecutors don’t handle them frequently and may not be properly trained on how to present a case
- Expert witnesses are almost necessary for the Government. Generally, the more hurdles that exist to a conviction the better off you will be. DWID cases work exactly the same way.
- Many drugs, particularly marijuana, stay in your blood well after they stop getting you high. Marijuana in particular is hard, because you can have a very high amount from the something you smoked days ago or a low number from something you smoked minutes ago. Many narcotics simply don’t get processed by the body the same was as alcohol and the system is frequently not set up to prove those cases.
- Blood tests are often required to be drawn. Blood presents a lot of potential challenges, because the drawing of blood is very well regulated to make sure of accuracy. If the police or hospital make even one mistake it can lead to a case being thrown out.
The law that makes it illegal to drive while under the influence of drugs is, 18.2-266, the same law that makes it illegal to drive under the influence of alcohol. That law states that it shall be illegal to operate a motor vehicle when you have more than a 0.08 BAC for alcohol, or when you are under the influence of alcohol, or when you are under the influence of drugs, or when you are under the influence of drugs and alcohol.
Similar to alcohol the following drugs have specific limits for an amount that can be in your blood:
- Cocaine
- Methamphetamine
- PCP
- MDMA
For those drugs, if a blood test indicates that you are above the limit, the Government may be able to prove its case even if you aren’t demonstrating any signs of being intoxication. It is illegal to simply drive with that high of a blood level. For all other drugs, the government will have to demonstrate that you were intoxicated.
Without a level to go off of the government will typically have a very tough time proving those DWID cases. They will usually rely on driving behavior, field sobriety tests, general demeanor and any admissions. However, all of those factors may not be enough.
