7.722 — DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE AS A MINOR

Violations of "Statute 7.722" results in an Class D Misdemeanor

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(a) Definitions

Driving under the influence of a controlled substance as a minor refers to a person under the legal drinking age (typically 21 years old) operating a motor vehicle while impaired by a controlled substance. This includes drugs, whether prescription, over-the-counter, or illegal, that affect a person's ability to safely operate a vehicle. Impairment due to a controlled substance may affect motor coordination, judgment, perception, and reaction times.

(b) Elements

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

• The defendant, being a minor (under the legal drinking age of 21), was operating or in actual physical control of a motor vehicle on a public road or highway.

• The defendant was under the influence of a controlled substance, meaning their ability to drive was impaired by the use of the substance, as evidenced by observable signs of impairment, such as erratic driving, inability to follow traffic laws, or physical signs of intoxication.

• The defendant knew or should have known that the controlled substance they consumed impaired their ability to drive safely.

• The defendant's impairment was caused by the consumption or use of a controlled substance, including prescription drugs, illegal drugs, or other substances that affect cognitive or motor function.

(c) Defenses

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

• The defendant did not consume any controlled substance, or the substance was not impairing their ability to drive at the time of the incident.

• The defendant’s impairment was due to factors unrelated to drug use, such as medical conditions, fatigue, or environmental factors.

• The defendant was not actually operating the vehicle and was not in control of the vehicle at the time of the alleged offense.

• The defendant’s alleged impairment was due to a substance that did not meet the legal definition of a controlled substance, or the substance was not detected in a valid, reliable test.

(d) Aggravating Factors

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

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

• The defendant has a history of prior offenses involving driving under the influence of drugs or alcohol.

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

• The defendant’s impairment resulted in reckless driving or other dangerous behaviors on the road.