Our District Attorneys Legislative proposal for setting a zero limit for driving impaired with any illegal drugs in certain drug schedules was referred to a "Summer Study" by the House Judiciary subcommittee yesterday. To be fair, the concept was new to some of the members and they want to learn more about it before voting.
The idea was if a person was stopped and there was probable cause to arrest and the person had any level of heroin or cocaine or oxycontin or ecstacy in their blood AND did not have a prescription, they would have violated the DUI law in the same way as a person with a .08 Blood alcohol test. It would be a per se violation.
One defense attorney on the committee was adamantly opposed to it and we agreed to respectfully disagree. Others wanted to learn more about the concept. Hopefully, we can bring in some people this summer to educate them about the difficulties that arise in drugged driving cases and the cost to society from those cases.
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