The Court of Appeals in Idaho recently reversed a conviction in a case from Boise, Idaho, in which a man was charged with driving a vehicle while under the influence of marijuana.
Reports state that the man was definitely impaired, although was not necessarily under the influence of drugs. The man’s argument was that he suffered from bipolar disorder and paranoid schizophrenia. He also stated that he was dehydrated and hungry at the time an officer pulled him over for making an illegal right turn.
According to the chief judge of the Court of Appeals, the evidence was enough to prove that the man was impaired, although was not enough to prove that he was under the influence of intoxicating substances or drugs.
The Office of the Attorney General, however, is not giving up. The Associated Press reports that prosecutors filed a petition requesting that the appeals court opinion be reviewed.
The Idaho Deputy Attorney General stated that the Supreme Court should consider the situation, particularly since there aren’t many set laws on how to prove an individual is driving under the influence of drugs.
DUID in Minnesota
In the state of Minnesota, driving under the influence of drugs or DUID is considered a crime. The law prohibits operating a vehicle while being impaired by a controlled substance. Drivers who are suspected of DUID are subject to a urine and/or blood test to check for the presence of controlled substances. The refusal to take these tests is considered a crime.
Criminally speaking, DUID carries the same penalties as individuals who drive under the influence of alcohol. A fourth degree or first time DUID is considered a misdemeanor, and may result in a maximum of 90 days behind bars and/or a $1,000 fine.
A second degree DUID and a third degree DUID are both considered gross misdemeanors, and will carry maximum sentences of a year in jail and/or a fine in the amount of $3,000. A first-degree DUID in MN is considered a felony, and carries a maximum sentence of up to 7 years in prison and/or a $14,000 fine.
Charged with a DUID in the State of Minnesota? Call the Kans Law Firm, LLC at (952) 835-6314.