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Alaska DUI Digest

Drug-Impaired Driving Beyond Alcohol

Posted by John Roberson III | Feb 06, 2024 | 0 Comments


Navigating the legal landscape of DUI defense, especially amidst the shifting sands of cannabis legalization and the nuanced issue of prescription drug impairment, presents a unique set of challenges and opportunities. Over my decade-plus career in Anchorage, Alaska, defending those accused of DUI, I've observed firsthand the evolution of defense strategies necessitated by these changes. The complexity of assessing drug impairment, unlike alcohol-related cases, requires a deep dive into both the science and the evolving legal standards.

Challenges in Measurement

One of the core hurdles in defending drug-impaired driving cases is the accurate measurement of impairment. The effects of drugs on an individual's driving ability can vary dramatically, influenced by the type of substance, dosage, individual tolerance, and timing of consumption. Unlike alcohol, where impairment is relatively straightforward to measure via BAC levels, no such universal metric exists for drug impairment.

Detection methods, including blood, urine, and saliva tests, can identify the presence of drugs but fall short in accurately indicating impairment at the time of driving. These tests often detect residues that linger long after the effects have subsided. Furthermore, establishing a consensus on impairment levels for various substances, especially cannabis, remains a contentious issue, with legal thresholds often lacking a solid scientific foundation.

Evolving Legal Standards

The legal framework surrounding drug-impaired driving is in flux. Some jurisdictions have adopted "per se" laws, setting specific limits for drug metabolite levels in the blood. However, these thresholds are frequently debated due to the challenges of correlating these levels directly with impairment. Meanwhile, zero-tolerance policies criminalize driving with any detectable level of certain drugs, raising concerns about fairness and the scientific basis of equating mere presence with impairment.

Defense Strategies

In this complex legal terrain, defense attorneys employ a range of strategies. Challenging the scientific basis of impairment tests is a common approach, questioning the reliability of drug detection methods and the validity of established impairment thresholds. Evidentiary challenges focus on the admissibility of test results, scrutinizing the testing process, sample handling, and potential for contamination.

Arguing against the assumption that drug presence equates to impairment is another critical strategy. This involves presenting evidence of the defendant's lack of impairment through witness testimony, video evidence, or field sobriety test results. Legal and procedural defenses also play a vital role, targeting the legality of the traffic stop and the conduct of law enforcement officers.


The defense of drug-impaired driving cases, particularly in the context of cannabis legalization and prescription drug use, demands a nuanced understanding of both the scientific and legal landscapes. As societal attitudes and scientific knowledge evolve, so must our legal standards and defense strategies. This blog serves as a primer on the intricacies of defending such cases and cannot replace experienced legal counsel. If your seeking assistance with a drug driving case, give us a call. We're here to help.

About the Author

John Roberson III

10+ YEARS OF COMBINED CRIMINAL DEFENSE EXPERIENCE 35+ CRIMINAL JURY TRIALS 500+ CASES ANDCHARGES RESOLVED 18+ YEARSIN ALASKA Experienced & Aggressive Criminal Lawyer About Law Office of John H. Roberson III, LLC John brings diverse experience, dedication, and legal knowledge to each ca...


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