An alarming new trend has recently become something for drivers and lawmakers to be aware of. With the recent legalization of marijuana in many states and the exploding opioid epidemic across the country, fatal drug-related accidents are on the rise.
Currently, there is no nationally agreed upon way to test drivers who are under the influence of narcotics. Experts say there’s a significant jump in the number of drugged drivers on the roads.
A report by the Centers for Disease Control and Prevention states that in 2016, more than 1 million drivers were arrested for driving under the influence of alcohol or drugs. Drugs (legal or illegal) account for 16% of car accidents. The report states that 13% of nighttime, weekend drivers have marijuana in their system and that these numbers are only on the rise.
Over the years, many states have implemented harsher penalties for driving while intoxicated. According to the National Survey on Drug Use and Health (NSDUH), 11.8 million people drove under the influence of illicit drugs in 2016. Marijuana and prescription drugs are the most commonly used.
Tougher Laws Mean Fewer Fatalities
A study conducted by Naimi and colleagues found that strengthening states alcohol policies by a mere 10% can reduce alcohol-related crash fatalities. They looked at over 500,000 crash deaths and found for every 1% increase in strictness on state policy, there was a 1% reduction of alcohol-related crashes.
In addition, increasing taxes on alcohol and limiting outlet density could save hundreds of lives a year. Unfortunately, strengthening DUI laws doesn’t seem to be slowing down the rate of drugged drivers behind the wheel.
A recent report by the Governor’s Highway Safety Association shows that alcohol was involved in 38% of driver deaths in 2016, while 44% of drivers killed tested positive for drugs. This is a major jump from only 28% in 2006.
When Passing is a Problem
According to Houston DWI lawyer, David A. Breston, “The problem is that it’s more difficult to detect a ‘drugged’ driver because there are dozens of different types of substances and new ones are being devised almost daily. Police officers turn to the breathalyzer or field sobriety test as quick and easy tools to indicate a level of alcohol intoxication but no such machine or test is available for drug testing on the spot.”
Breston explains that it’s nearly impossible for police to accurately track the level of impairment of a suspected drugged driver. The most accurate test is through blood because its able to check the presence and level of drugs in someone’s system. However, according to Breston, “another issue with these tests is drugs stay in the body much longer than alcohol so a blood test may indicate the presence of an illegal substance but the actual usage may have been days before – not near the time of the arrest.”
A report by Propublica and the New York Times found that many people are being wrongfully accused of driving under the influence of drugs. These widespread false-positives are possibly contributing to the increase in drugged driving arrests.
Seeking a Solution
The National Academies of Sciences, Engineering, and Medicine and the National Transportation Safety Board have called for BAC limit to be lowered to 0.05% across all states. In addition to lowering the BAC level for drivers, it seems another major problem here is the drug-field tests. With drugged driving at an all-time high, emphasis should be placed on funding and enforcing more efficient field tests that too often yield false results. The NHTSA’s Office of Behavioral Research is implementing new research methods in hopes to catch these drugged drivers. Research approaches include lab studies, case studies, physiological observation (blood, fluids, breath) and naturalistic observations.