Drug Testing - DUI - 6-17-12

(Legal Standards Defining DUID) "Nationwide, three different standards have been drafted in legislation defining what constitutes OUI [Operating Under the Influence] drugs: two 'effect-based' laws and one 'per se' law.45 The first effect-based law requires that an OUI drug motorist be rendered incapable of driving due to drug use.46 The second effect-based law requires a demonstration that an OUI drug motorist’s ability to operate a motor vehicle is impaired or that the motorist is under the influence or affected by an intoxicating drug while driving.47 Some per se laws set a limit on the amount of drug or drug metabolite in the driver’s system at the time of the arrest.48 However, there was a lack of consensus as to the particular levels. As a result, states with per se laws now employ a 'zero tolerance' per se law.49 This zero tolerance per se law prohibits motorists from operating a motor vehicle if there is any detectable level of illicit drug or drug metabolite in their body, regardless of whether the motorist operated the motor vehicle in an impaired manner."

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Cafaro, Tina W., "Slipping through the cracks: Why can't we stop drugged driving," Western New England Law Review (Springfield, MA: Western New England University, May 10, 2010) Volume 32, Issue 1, pp. 43-44.
http://papers.ssrn.com/sol3/De...

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