DWP: Driving While Partying

By Carl Simons

This column is not intended to endorse illegal activity or drug use. It is, however, written to inform you of current legal predicaments you could be facing if you make the choice to use illegal and prescription substances and drive while they still may be in your system.

Most of us know by now that it’s illegal to drive with .08 percent or above alcohol levels in our blood. But what most of us do not know is there is an increasing trend of arrests being made where individuals are testing positive for other substances (i.e., crystal meth, cocaine, ecstasy, opiates, sleeping pills and pain killers) who were stopped while driving and requested to take a blood test to see whether or not these substances were present in their bodies.

The current blood tests given by LAPD/LASD generally will show a positive result for the above listed substances for up to three days after ingestion of the substances. If you were out at a club on Saturday night, chose to ingest drugs and a police officer pulled you over on Monday and had reason to believe you were driving with an illegal substance in your system, he could request that you take a blood test and it would very likely come back positive.

The unfortunate thing is that in California, there is something called the Implied Consent Law, which states that in order to drive in the state you must submit to a blood, breath or urine test if requested by a police officer. If you refuse, you could lose your privilege to drive for one year or more—you must take one of these tests.

Local law enforcement is very aware of the pervasiveness of drug use in our community. They know that the chances of arresting someone who has one of these substances in their body while driving to or from a party or club, is very high.

I have seen a number of cases recently where there was basically no solid reason to suspect the person was under the influence of one of these substances, yet they were asked to be tested. Additionally, I have seen a number of cases where people were charged with DUI even though their driving did not show any impairment, but simply because their tests came back positive.

How do you avoid all this drama? If you are going to party, do not drive—take a cab. Driving under the influence of drugs (including prescription drugs) can be extremely dangerous to you and those around you. Additionally, by taking a cab, not only will you and those around you be safer, but you will also minimize your likelihood of contact with law enforcement.

If you have questions regarding this or any other legal matter, please do not hesitate to contact me at (310) 749-4LAW.