Driving While Impaired
We are all aware that consumption of alcoholic beverages can impair the ability to drive and can lead to accidents and injuries. It is also well recognized that taking illegal drugs can produce the same result, and there is nothing unusual about an operating under the influence (OUI) conviction based on illegal drug use.
In a recent case, however, the Maine Supreme Judicial Court upheld an OUI conviction based on the ingestion of prescription drugs thus making it clear that there is personal responsibility for operating a vehicle free of impairment without regard to the cause of impairment.
In the case decided by the high court the defendant admitted that he had been taking prescription drugs a few hours before being arrested. He was observed operating at an excessive speed, was unable to perform three field sobriety tests and was positive on a test for drugs in the urine.
Although the finding was not unexpected, it is a comfort to those on the highways to know that this menace to traffic safety will not be tolerated.
www.lowrylaw.com
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