Driving under the influence of drugs is a serious offense that can lead to devastating accidents and severe legal penalties. With drugged driving on the rise, it’s important for all drivers to understand the legal ramifications of getting behind the wheel while impaired. This article will provide an in-depth look at the various laws, fines, and criminal charges associated with drug-related DUIs and accidents. According to the CDC, one-third of drivers involved in fatal car crashes tested positive for legal or illegal drugs in their system. Drugged driving is clearly a major public safety issue, resulting in thousands of deaths each year. Helping hold impaired drivers accountable through legal means can hopefully deter this dangerous behavior and prevent future tragedies. This article outlines the various legal consequences drugged drivers may face.
Types of Drugged Driving Charges
There are a few key charges that impaired drivers may face:
- DUI – Driving under the influence of alcohol and/or drugs. This charge applies whether the substance is illegal, prescription, or over-the-counter. A DUI can be issued if the driver is impaired by any substance that affects their capacity to operate a vehicle safely.
- DUID – Driving under the influence of drugs specifically. This may include illegal drugs as well as misused prescription or OTC medications. A DUID focuses on impairment caused by controlled substances rather than alcohol.
- Reckless Driving – Driving in a way that shows blatant disregard for safety and caution. This can apply to drugged drivers who drive erratically and dangerously. Reckless driving citations can be issued alongside DUI/DUID charges.
- Vehicular Manslaughter – When an impaired driver causes an accident that results in the death of another person. Harsher versions of this charge exist in many states, such as vehicular homicide. Vehicular manslaughter is among the most serious charges drugged drivers face.
Penalties for Drugged Driving Convictions
The consequences for drugged driving depend on the specific charges, location, and circumstances of the case. Generally, penalties may include:
- License Suspension – Can range from 1 month to lifetime suspension depending on severity. Those facing DUID charges often face 6-12 month suspensions. Repeat offenders may have licenses suspended for multiple years or permanently revoked.
- Fines – Can be $150 to $10,000 plus, increasing with repeat offenses. Fines are imposed based on state statutes and judges’ discretion. Major accidents and criminal charges tend to result in fines over $1,000.
- Probation – May include drug/alcohol testing and treatment programs. Terms of probation vary but often 1-5 years. Violating probation leads to additional penalties.
- Jail Time – Drugged driving may result in weeks to years of jail time depending on charges. DUID convictions can lead to days or months in jail. Vehicular manslaughter charges often lead to years in prison.
- Felony Charges – DUIDs and fatal accidents can sometimes lead to felony charges like vehicular manslaughter, homicide, assault, etc. Felony drugged driving convictions result in long prison sentences.
- Ignition Interlock Device – Required device to test sobriety before allowing car to start. Length of requirement varies but often 1-3 years. Can be part of probation terms.
Liability in Drugged Driving Accidents
Drivers impaired by drugs can be held both criminally and civilly liable for accidents they cause. This means facing criminal charges and penalties as well as being sued by injured parties for damages.
Some key factors regarding liability include:
- Duty of Care – All drivers have a duty to operate vehicles safely and avoid harming others. Violating this duty through drug impairment establishes negligence.
- Causation – The drug use must directly cause the impaired driving and subsequent accident for the driver to be held legally accountable. Establishing a causal link is key.
- Damages – There must be some injury or damage that occurs as a result of the accident. This can include property damage, medical bills, lost wages, pain and suffering, wrongful death, and more. Quantifiable damages strengthen claims.
- Strict Liability – In some states, drugged drivers are strictly liable for any accidents they cause, regardless of fault. This facilitates claims by injured parties who need only prove damages.
- Joint & Several Liability – If multiple impaired drivers contribute to a single accident, they can be held jointly liable for the damages. This prevents drivers from avoiding accountability.
- Punitive Damages – Drugged drivers may be subject to punitive damages that exceed compensatory damages as punishment for egregious behavior that shows blatant disregard for safety. Punitive damages must be proven.
The Role of Personal Injury Lawyers
Those injured by impaired drivers should always consult an experienced personal injury attorney from our firm to understand their legal rights and options. A knowledgeable lawyer can handle tasks like:
- Investigating the Accident – Gathering police reports, accident reconstructions, witness statements, toxicology reports, and other evidence to prove liability.
- Demonstrating Damages – Collecting medical records, billing statements, pay stubs, disability claims, and documentation of any accident-related costs/losses. Itemizing both economic and non-economic damages.
- Negotiating Settlements – Leveraging findings to negotiate fair out-of-court settlements from insurers or at-fault parties. An attorney can negotiate effectively on a client’s behalf.
- Filing Claims and Lawsuits – Submitting timely insurance claims, and filing lawsuits if necessary against culpable drivers. An attorney knows all claim requirements.
- Managing Litigation – Representing clients’ interests through every stage of civil litigation. Pursuing legal action through to trial if a satisfactory settlement cannot be reached.
- Facilitating Recovery – Helping clients focus on recovery while their legal team handles the demanding legal process. Experienced lawyers minimize the burden on clients.
Don’t Become Another Statistic—Call the Mass Injury Group Today!
If you or a loved one has been injured by a drugged or drunk driver, the dedicated legal team at Mass Injury Group is here to help. With decades of combined experience holding impaired drivers fully accountable, we have the resources and expertise to build strong claims and maximize recovery of damages for clients. Don’t wait to get the justice and compensation you deserve. Contact our office today.
You can visit us at 15 Broad St #800 Boston, MA 02109.
Or call now for a free consultation on (617) 263-0860.