The very basic question that a fact finder has to determine in a Driving Under the Influence case is whether or not a stranger is impaired. While this may be something that can be opined with a certain amount of ease in an ethanol-based theory of prosecution, the question becomes increasingly complicated in a poly-substance abuse situation where different categories of drugs are ingested by the motorist that may have antagonist effects. Too frequently prosecutors and state scientists try to present analytical chemistry results as conclusive to this ultimate issue and insist that it is the sole data upon which the fact finder can rely upon to convict. This talk will present a case study from an actual attempted prosecution of a poly-substance abuser. It will be used to discus the inherent pitfalls that could result if this method is employed. It will present an argument as to how a poor investigation at roadside in the officer failing to explore with the motorist pre-existing medical conditions can lead to an unfair and false presumption that perceived dexterity issues are simply pharmacodynamic impact of an ingested drug found by the analytical chemistry analysis.

Complex pharmacology in DUI drug prosecution, a criminal case study: When uppers, downers, and alcohol are mixed, there still has to be proof of impairment

243rd National Meeting (2012)

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