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The general public is under the assumption that driving under the influence refers to alcohol but that is a misconception since drugs whether prescribed or not are also in this category and are subject to the same fines.

Due to the devastation if an 18 wheeler could cause if in an accident it is mandatory for truckers who hold a CDL license to be required to be tested for drugs and a risk trucking companies don’t want to risk.

Studies have showed that 15% of all interstate truck drivers had marijuana in their system, 12% had stimulants (non-prescription), 5% had prescription stimulants, 2% had cocaine, and less than 1% had alcohol in their system. Now that is an OUI.

The driver does not have to be drunk to be over the limit. The blood alcohol count (BAC) is 0.08% or higher. For truck drivers, it is 0.04%, because they are operating a bigger vehicle and they have long routes.

Most people falsely believe that driving while high on marijuana is not as dangerous as drunken driving. However, this drug also affects the concentration, reaction times and perception and that for up to 24 hours long, whereas alcohol only affects the mind for around 3 to 4 hours and that depends on the amount of alcohol consumed. In fact, marijuana has been the reason behind more than 12% of all fatal accidents involving trucks. That fact proves it is not safe to use marijuana and drive.

Truck drivers work long shifts and sometimes it is hard for them to stay awake. Therefore, they want to get something for it, such as meth or ice. It is very easy for truckers to get hold of those drugs at truck stops. Surveys show that 1 in 5 truckers use those hardcore drugs so they can stay awake.

Law enforcement watches truckers hard. They will not stand for any intoxicated drivers. They will pull a trucker over even if they suspect them. They have ways of testing to see if you are intoxicated. They have the breathalyzer test to see if you have been drinking, they have the field sobriety test, and they can even swab drug test you or search you.

A breathalyzer is a piece of equipment that a driver has to blow into and it will then show whether or not that person has been drinking and if so, how much. A field sobriety test is well know and is made up of different exercises like nystagmus, walking and turning, touching the nose with a finger, balancing on one leg and the Romberg balance test. The nystagmus test is just when an object is put in front of a suspect’s face by the law enforcement officer and the suspect then has to watch it go back and forth. The eyes basically tell all. An officer also can choose to have a chemical test performed on the suspect’s urine or blood.

A swab drug test is basically done by taking a swab and collecting saliva from the mouth. It is then tested and if the results are hot then it is considered an OUI.

The bottom line is it is not safe for truckers or anyone to drive under the influence.

To read more good information about Maine DUI, try these blogs with posts on DUI laws in Maine.

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Some states now have two statutory offenses. The first is the traditional offense, variously called driving under the influence of alcohol (DUI), driving while intoxicated/impaired (DWI) or operating while intoxicated/impaired (OWI). The second and more recent is the so-called illegal per se offense of driving with a blood-alcohol concentration (BAC) of 0.08% (previously 0.10%) or higher. The first offense requires proof of intoxication, although evidence of BAC is admissible as rebuttably presumptive evidence of that intoxication; the second requires only proof of BAC at the time of being in physical control of a motor vehicle. An accused may be convicted of both offenses, but may only be punished for one.

It is also a criminal offense in all states to drive a vehicle while under the influence of drugs DUID, or under the combined influence of alcohol and drugs; the drugs themselves need not be illegal, but can be prescription or even over-the-counter. In some states, the effects of some herbal remedies (such as Kava Kava extract) fall into this category. This offense requires evidence of impairment as a result of the drugs or drugs and alcohol, although some states have passed laws making driving with the mere presence of certain drugs a criminal offense.

Some states also include a lesser charge of driving with a BAC of 0.05%; other states limit this offense to drivers under the age of 21. All states also now have zero tolerance laws: the license of anyone under 21 driving with a BAC of .01% or higher (.02% in some states) will be suspended. The blood-alcohol limit for commercial drivers is 0.04%. Commercial drivers are also subject to stricter punishments for exceeding the blood-alcohol limit.

Bus drivers may not drive less than 8 hrs. after consuming alcoholic beverages, while under the influence of alcohol or any “street” drug, or while showing a blood alcohol concentration equal to or greater than 0.04 grams per decilitre of blood.

The various versions of “driving under the influence” generally constitute a misdemeanor punishable by up to one year in the big house. However, the offense may be elevated to a felony, punishable by a longer stretch in state prison if the incident caused serious bodily injury where its called a felony DUI, death (vehicular manslaughter or vehicular homicide — my uncle caught one of these for a year), or extensive property damage (a state specified dollar amount) or if the defendant has a designated number of prior DUI convictions within a given time period (commonly, 3 prior convictions within 7 years). However, California, which is being followed by a growing number of the states, now charges 2nd-degree murder where the legal state of mind of malice exists”that is, where the defendant exhibited a reckless indifference to the lives of others. Wow, that could get you life!

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