Introduction Driving under the influence (DUI) and driving under the influence of drugs (DUID) are significant public safety concerns that lawmakers and law enforcement agencies work tirelessly to address. While the need to deter and punish intoxicated drivers is undeniable, the per se theory of prosecution has sparked a debate about whether it adequately addresses…
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Drunk Driving vs. Drugged Driving: A Changing Landscape on the Roads
Drunk driving has long been a major issue on the roads, with countless lives lost each year due to alcohol-related accidents. However, in recent years, there has been a growing concern about drugged driving, as more and more drivers are getting behind the wheel while under the influence of drugs. According to data from the…
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As Fetterman continues his marijuana listening tour, what does legalization mean for DUI enforcement?
Lt. Gov. John Fetterman has recently started touring Pennsylvania to hold public forums on the legalization of marijuana. Fetterman is an advocate for legalization and Gov. Tom Wolfe has said it may be time for PA to legalize marijuana as well. (See also: Fetterman starts marijuana hearings in central Pennsylvania) But the question still remains,…
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You can be charged with a DUI if you take Prescription Marijuana
Medical marijuana is currently not legal in PA. Just because marijuana has become legal in some states that does not mean that you will not be prosecuted for it in PA. This may especially cause a problem with the charge of DUI Drugs (DUID). That is because marijuana and its metabolites, including inactive metabolites, can…
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“Darkness” sends 20 to the ER in PA
Pennsylvania has seen share of K2 and spice emergencies, due to bad batches, or overdoses during over the past years. One brand in particular, called Darkness is responsible for sending 20 patients into the ER at PinnacleHealth during the first weekend of August 2016. Dauphin County’s Drug Task Force and Harrisburg police are investigating to…
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Question: Can I be charged for a DUI if I take Prescription Marijuana?
While medical marijuana will be legal in about 18 to 24 months from now, it may cause a problem with the charge of DUI Drugs (DUID). That is because the inactive chemical (the metabolite) in marijuana (Delta 9 carboxy THC) can remain in the bloodstream for weeks. If a cop pulls you over you could…
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Bad batch of K2 causing problems in PA
Synthetic marijuana has been around for years now but a recent “spike” in overdoses has brought it back into the spotlight. Synthetic marijuana products like spice and K2 are illegal in Pennsylvania as well as across the country. These designer drugs are made in laboratories and sold commercially. While they are sold as marijuana substitutes, they…
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Driving while medicated is the next big law enforcement push
Reports across the country show the cops are gearing up for the next big push: “Drugged-Driving”. Drugged-driving, sometimes referred to as DUI-Drugs (DUID), is when someone drives under the influence of either illicit or legal prescription drugs that are deemed to cause impairment. Some of the most common prescription drugs people are being arrested for…
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In Pennsylvania, do I have to keep all of my prescription drugs in their original containers or have the prescription with me?
In Pennsylvania, do I have to keep all of my prescription drugs in their original containers or have the prescription with me? As DUID lawyers, we often get “tag along” charges that our clients are charged with when they are accused of DUID. One of those tag along charges is violation of 35…
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When do prescription drugs expire in Pennsylvania? Warrantless Fishing expeditions in DUID cases by the Government
As more and more efforts by our government are being made to try to criminalize legitimate medical palliative care issued by a trained clinician, the more a DUI lawyer has to learn and know about the law and the science behind pharmacology. This is never more true than in the case of Driving Under the…
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