NEVADA'S DRUG IMPAIRMENT LAW HAILED, CRITICIZED

Too many drivers high on drugs are causing fatal crashes while avoiding
prosecution, say federal officials who are calling for new laws nationwide
that would send a driver to prison without proving drugs caused the
accident.

The new legislation, to be modeled after statutes recently passed in Nevada
and eight other states, would make it illegal for drivers to have drugs,
including marijuana, in their systems.

Under these laws, prosecutors don't have to prove that the drugs impacted
the driver's ability to stay on the road. They simply must show the drugs
were in the driver's body.

A positive test could mean a 20-year sentence for each count.

Two Reno drivers and one woman from Las Vegas who face decades in prison
after being involved in fatal accidents and testing positive for marijuana
are challenging the law in court. Their success or failure could affect
legislation across the country.

"The intent (of the law) was to make sure that if someone was driving under
the influence of a controlled substance, they would be held responsible for
loss of life," said U.S. Rep. Jon Porter, R-Nev., who sponsored Nevada's
prohibited substance drug bill in 1999 while a state senator.

But critics of Nevada's law, including toxicologists, lawyers, civil
libertarians and some lawmakers, say the statue is unfair and
unconstitutional because it does not require proof that the driver was
actually impaired by the drugs.