Pubdate: Tue, 19 Nov 2002 Source: Springfield News-Leader (MO) Copyright: 2002 The Springfield News-Leader Contact: http://www.springfieldnews-leader.com/ Details: http://www.mapinc.org/media/1129 Author: Pamela Brogan, Gannett News Service PROSECUTING DRUGGED DRIVERS HARD FOR STATES National Study Says Missouri's DUI Policy Is Groundwork For "Zero-Tolerance Legislation." WASHINGTON - Drivers who drive under the influence of drugs are less likely to be prosecuted than drivers who drive drunk, a study issued Thursday concludes. It is difficult to prosecute people who drive while drugged because most state laws require prosecutors to prove an illegal drug caused impaired driving and, unlike alcohol, there are no national standards for testing drugged drivers. In addition, law enforcement officials often don't have the authority or training to detect illegal drugs. "There is an assumption that if we can identify the drunken drivers, we are also getting the drugged drivers," said Michael Walsh, a former director of the President's Drug Advisory Council. "That is not true. There are literally millions of Americans who are driving under the influence of drugs, often with little or any alcohol." Walsh's consulting firm, the Walsh Group, spearheaded the study with the American Bar Association's Standing Committee on Substance. The study urges states to approve zero-tolerance laws that prohibit motorists from driving while on any amount of illegal drugs. Only eight states - Arizona, Georgia, Illinois, Indiana, Iowa, Minnesota, Rhode Island and Utah - have zero-tolerance laws that apply to all drivers. "We don't have to prove the impairment was caused by the drug," said Linda Chezem, a law professor at Purdue University and Indiana University and a senior judge for Harrison Circuit and juvenile court in Indiana. Chezem also said Indiana's tough law has led to more prosecution of drugged drivers. Five states - California, Colorado, Idaho, Kansas and West Virginia - make it illegal for drug addicts to drive while using illegal drugs. Two others, North Carolina and South Dakota, make it illegal for persons under 21 to drive while using illegal drugs. Nevada is the only state with a list of drugs that it prohibits drivers from using in any amount. The state allows drivers to use certain other drugs, but only in specific amounts. The other 34 states don't have any zero-tolerance laws. In those states, authorities must prove using a drug impaired a driver. This is "technically complicated and difficult," the study concluded. Missouri does not have a zero-tolerance law, but prohibits persons from driving under the influence of controlled substances and drugs. "Missouri has a broad prohibition of drugs and controlled substances and seems to be concerned with getting drugged drivers off the road," the report said. "It appears that Missouri has the groundwork laid for introduction of zero-tolerance legislation." Greene County Prosecutor Darrell Moore said it would be easier to prosecute cases with a zero-tolerance law. He also said such a law would have a deterrent effect. "If a person knew his driver's license hinged on whether he used drugs, he might not do it," Moore said. While drugged driving is a growing problem, there are no national statistics on the number of injuries or deaths related to drugged drivers. A federal government survey, the National Survey on Drug Abuse, found that 9 million Americans drove within two hours of using cocaine or marijuana during a 12-month period, Walsh said. Today, John Walter, the White House drug czar, will announce a new strategy to combat drugged driving. "While the consequences of drunk driving have become well-known over the past 20 years, the dangerous phenomenon of drugged driving has received limited attention," Walters said. - --- MAP posted-by: Beth