7.720 — DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE

Violations of "Statute 7.720" results in an Class E Misdemeanor with receiving an additional license point(s) of 6.

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(a) Definitions

Driving under the influence of a controlled substance refers to operating a motor vehicle while impaired by a substance classified as illegal or controlled under applicable law. This may include narcotics, prescription medications, hallucinogens, or other substances that affect the driver’s mental or physical faculties. The impairment caused by the controlled substance must be sufficient to affect the driver’s ability to operate the vehicle safely, including impairing judgment, coordination, reaction time, or perception.

(b) Elements

To establish the offense of driving under the influence of a controlled substance, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was operating a motor vehicle on a public road or highway.

• The defendant was under the influence of a controlled substance, such as an illegal drug, prescription medication, or other substance affecting the nervous system, at the time of driving.

• The controlled substance impaired the defendant’s ability to operate the vehicle safely, as evidenced by erratic driving behavior, failure to follow traffic laws, or other indicators of impaired driving.

• The defendant was aware, or should have reasonably been aware, that their ability to operate the vehicle was impaired due to the use of the controlled substance.

(c) Defenses

Defenses against a charge of driving under the influence of a controlled substance may include:

• The defendant did not consume a controlled substance, and any observed impairment was due to factors such as fatigue, illness, or medical conditions.

• The defendant’s impairment was not caused by a controlled substance but by other substances, such as alcohol or over-the-counter medications, and there was no illegal substance involved.

• The defendant was not actually driving the vehicle at the time the impairment was observed, and the vehicle was parked or stationary when the impairment occurred.

• The defendant was unaware that the substance consumed would impair their ability to drive safely, such as in cases of prescription medications where the potential impairment was not clearly communicated or understood.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The defendant caused an accident, injury, or property damage while driving under the influence of a controlled substance.

• The defendant has a history of prior offenses related to driving under the influence of a controlled substance or alcohol.

• The defendant was found to be under the influence of a particularly dangerous or harmful controlled substance, such as opioids, cocaine, or methamphetamine.

• The defendant was operating a commercial vehicle, bus, or other vehicle requiring a specialized license while under the influence of a controlled substance.

• The defendant was involved in reckless or dangerous driving while under the influence of a controlled substance, putting others at significant risk.