Increasing Incidence of Houston Poly-Drug DUI & What to Do About It

More and more impaired drivers in the Houston, TX region negligently and recklessly take to the road under the influence of not just one, but many drugs. Police routinely check blood alcohol levels of impaired drivers, but chemical tests for other drugs in the driver's system remain rare.

Poly-drug abuse is increasing in Houston and elsewhere among impaired drivers, so we should be insisting on chemical tests as well as on blood alcohol tests. Drivers use alcohol and drugs in combination partly to disguise the presence of the other.

A driver with a poly-drug combination in his bloodstream might become significantly more impaired than a driver with a blood alcohol level (BAC) exceeding the legal limit. But the poly-drugged driver's actual BAC may test below the legal limit. And chemical tests to detect the other substances in his system might not get used.

• Even in 1988, a university study of poly-drug abuse among impaired drivers found drugs other than alcohol in the urine samples of 40% of drivers injured in vehicle crashes.
• A study by the LAPD of drugged driving arrests showed alcohol present with at least one other drug in 47% of the suspects.
• A study of more than 400 California drivers between 15 and 34 years of age killed in fatal vehicle wrecks found alcohol + marijuana in 1/3 of the victims. The study found alcohol + another drug in more than half of the victims.
• An NTSB study of commercial truck wrecks in which drivers suffered fatal injuries found that fully 1/3 of these drivers tested positive for drug abuse. The drugs found in their systems included alcohol, cocaine, marijuana, opiates, PCP, over the counter stimulants, or some combination thereof. The NTSB found that the drivers violating DUI laws would also more likely violate other laws, including federal regulations limiting the number of hours driven in a single day.

Scary isn't it? Not only are these truck drivers piloting vehicles weighing close to 100,000 when fully loaded, but many of them drive these behemoths under the influence of a cocktail of drugs and alcohol.

Poly drug abuse takes a significant toll in lives on our roads, particularly among young drivers. The NHTSA suggests that laws should emphasize the actual impairment of the driver rather than the type of impairment, source of impairment, or type of substance ingested. But such a holistic approach presents enforcement complications.

Adequate enforcement of existing DUI laws already presents significant challenges. So I think that maybe law enforcement agencies and prosecutors remain unwilling to open the Pandora's box that attends such a change in the laws.