Operating While Impaired or Drugged

by David A. Cmelik Law PLC

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Operating while intoxicated also includes operating a motor vehicle under the influence of any amount of a controlled substance or a combination of drugs and alcohol.

 

In cases where certified standardized field sobriety test (SFST) adminsitrators believe that a substance other than alcohol is causing impairment, they may attempt to conduct a vertical gaze nystagmus as a part of horizontal gaze nystagmus (or always conduct it and develop such suspicion) and otherwise attempt to discern whether someone is under the influence of drugs or combination of drugs and alcohol.

 

If the officer develops reasonable grounds to believe a motorist is impaired under those circumstances, they may request a urine or blood test at their discretion instead of a Datamaster DMT breath test.

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