DRUGGED-DRIVING LAWS LACKING TEETH?

Maryland's laws against driving while on drugs are too lax and difficult to
enforce, according to a new nationwide study, echoing concerns of local
public safety officials.

The state is only one of two that limit how police can test alleged drugged
drivers and among 42 that don't have "zero tolerance" laws making it
illegal for people to drive with any drugs in their system, according to
the Substance Abuse Policy Research Program's report.

"It may well be worthy of hearings (in the General Assembly) to see whether
there's some means to, in fact, improve the legislation," said Michael
Cogan, chief of the District Court division of the State's Attorney's Office.

In Maryland, as in other states, prosecutors must prove that a driver's
impairment is directly related to drugs taken and not some other factor.

"The way they are written, it makes it very difficult to prosecute," said
Michael Walsh, president of the research group that conducted the study. It
was released last month.

Defense lawyers and experts often argue that the effect of drugs varies
from person to person and drugs only act on specific areas or functions,
said Linda Chezem, a law professor and circuit court judge in Indiana, who
contributed to the study.

While this month is National Drunk and Drugged Driving prevention month,
drug policy experts believe the latter has received short shrift -- despite
being a widespread problem.

Over 8 million people reported driving under the influence of illegal drugs
last year, according to a federal survey.

While the number of people in Maryland charged with driving under the
influence or while impaired fell from 25,740 in 1999 to 23,270 last year,
the number charged with drugged driving offenses rose from 370 to 479 in
that time frame, said state police 1st Sgt. Tom Woodward.

He credited the increase partly to more awareness among police officers of
trained experts who can be called upon to determine whether a driver is
under the influence of a drug.

But the state's 112 drug recognition experts aren't always used and many
more people are driving on drugs, said Sgt. Woodward, who coordinates the
program.

Annapolis police, who do not have a trained drug expert, said it's a rarely
observed crime.

"It's rare, at least, for us to charge someone with it," said Officer Hal
Dalton, a police spokesman.

County police officers only call upon their 10 drug recognition experts
about 80 times a year.

A road officer can't use them to conduct medical tests on an impaired
driver until after the driver agrees to a voluntary breath test that shows
below the .07 percent legal blood-alcohol limit.

The experts can determine whether the driver is impaired by some category
of drug. The driver then is taken to the hospital for a blood test to
determine the specific drug.

County police only complete the full evaluation on about 45 drivers per
year, said Detective Jack Hartzell, who coordinates the department's drug
recognition program.

It's not a foolproof system, however.

Drivers can refuse the breath test -- allowing police to suspend their
license. But then the suspect is never tested by the drug expert.

"Some slip through the cracks that way," Detective Hartzell said.

Police and prosecutors believe changing current laws could help.

Mr. Walsh, of the research group, criticized Maryland's policy that
restricts police to conducting only blood tests, not urine or saliva tests,
on drivers suspected of having drugs in their systems.

Without a change in the law, Maryland might not be able to take advantage
of a range of new field tests that can quickly test drivers for marijuana,
cocaine, opiates, PCP and a host of other illegal drugs.

Mr. Cogan, of the State's Attorney's Office, said the improvements in drug
testing technology should prompt legislators to debate their use.

Del. William Bronrott, D-Montgomery, who led the fight to lower the
blood-alcohol limit in the state, said he would support legislation that
would help get drugged drivers off the roads.

"We need to close the legal loopholes where they exist to better ensure the
public safety, whether it's alcohol or other drugs," Mr. Bronrott said.

Mr. Walsh said prospects for changing the laws in Maryland are iffy, noting
the long fight to lower the state's blood-alcohol limit to .08. But he
added that changing drugged-driving policy might be easier because it would
not face stiff opposition from the hospitality industry.