SUMMIT TO SMOKE OUT DRUGGED DRIVERS

Law Would Be First In Ohio To Specifically Target Such Motorists

Ohio has no law requiring specific tests to identify drugged drivers the way
it does drunken ones.

But Summit County could become the first in the state to come up with its
own method.

County Councilman Paul Gallagher, D-at large, will introduce legislation
today to test for driving under the influence of drugs, specifically cocaine
or marijuana.

``It's difficult to prove impairment when drugs are involved,'' Gallagher
said. ``A Breathalyzer test or urine samples are not reliable for drug
tests.''

Gallagher, who is an assistant prosecutor in Portage County, said he got the
idea after working with forensic toxicologist James L. Ferguson of the
Franklin County Coroner's Office. Ferguson said a blood test gives the best
measure of drug use.

``We are one of the few states that has specific levels of DUI testing for
all three fluids -- blood, urine and breath. But there is nothing on the
books in Ohio that requires a blood test to prove impairment by drugs,''
said Ferguson, who has testified in more than 200 criminal and civil trials
statewide.

Unlike with alcohol, he said, marijuana may not have the same effect on
hand-eye coordination, but it can hurt perceptual functions, such as judging
speed and determining distance.

Ferguson cited a study of 1,000 Ohio coroner cases from car wrecks, which
found that 85 percent of the time, alcohol, cocaine, marijuana or other
``drugs of abuse'' were involved.

``We're where we were 50 years ago with alcohol in trying to establish a
specific value level,'' Ferguson said. ``We are familiar with a 0.10 gram
percent level for alcohol content in the blood (or from a Breathalyzer test)
to be considered legally drunk,'' said Ferguson. ``But as technology
improves and more sophisticated techniques are being used, drug test results
are becoming more reliable.''

Only two states, Hawaii and New York, have driving under the influence of
drugs (DUID) statutes separate from their alcohol DUI statutes. In the 48
other states, a driver violates a DUI statute if he or she is driving under
the influence of alcohol, drugs, or a combination of both. One state,
Nevada, has determined specific percentages of for about 500 prohibited
drugs or substances other than alcohol.

Summit County is in a position to adopt the DUID legislation because it is a
charter county.

Gallagher's legislation does not change any penalties. The punishment for a
DUI conviction would be identical for a DUID. The same consequences would
apply if a person refuses a blood sample for drugs -- license suspension for
a year.

Ferguson said he testifies several times a month in aggravated vehicular
homicide cases in which drugs are involved. He said if this legislation is
adopted, it would provide a measure of just how drugged a driver was in
court.

The Summit County Medical Examiner's Office can run blood tests that
determine how much cocaine or marijuana was in a person's system, said Chief
Toxicologist Steve Perch.

Gallagher, who has prosecuted several vehicular homicide cases involving
drivers who were under the influence of alcohol and/or drugs, said this is
recent ability for forensic labs.

``It is also possible to reasonably estimate how long ago the drugs were
used,'' he said.

Gallagher said he is still working on particulars of the legislation, like
who will be responsible for drawing drivers' blood. He said State Highway
Patrol troopers carry their own collection kits -- with tubes for drawing
blood, a urine container, tamper-proof bags and seals -- because they handle
a lot of drunken driving accidents.

``The state troopers just give their kits to nurses at the hospital. We
could prepare similar packets and distribute them to police,'' he said.

Gallagher, who is running for Cuyahoga Falls Municipal Court judgeship, said
he has talked to police chiefs and other prosecutors in Summit County who
support the legislation. He also plans to talk to several more groups,
including the Akron Bar Association.

Ferguson hopes Ohio will also look at the legislation and make it a law
statewide.