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.