Across the nation, we are seeing the rise of “sober bars.” These places serve a variety of drinks. They feature special coffee concoctions, but they also have kava and kratom teas on tap.
For the moment, all of these drinks are legal, and as far as we know, they are non-addictive. However, they are both mood and mind altering. Kava has a sedative effect on most consumers, and many forms of kratom do the opposite, resulting in deep focus and bursts of energy.
Some believe that these substances can impair your driving, and tests appear to back up this claim. Whether or not a substance is legal, if it influences your driving behavior, you could be arrested for driving under the influence. Typically, the cops would file this arrest as being under the influence of drugs, sometimes called a “DUID.”
Here are some methods the police can use to arrest you with a DUID, even if you haven’t consumed an illegal narcotic.
Police Rely on Their Intuition
Police have many methods to arrest someone with a DUI. They have breathalyzers that can approximately guess how much alcohol someone has consumed, and blood tests are even more accurate.
When it comes to driving under the influence of drugs, police have much less evidence at their disposal. No breath tests will reveal whether someone is on pills or cocaine, and blood tests aren’t much more reliable. Testing does not cover the vast spectrum of drugs someone could consume. Even positive results are unreliable. Only trace amounts can appear, meaning a driver could be sober and still arrested with a DUID.
Because of this lack of evidence, police are allowed to use their gut instincts in a DUID arrest. They can simply look at someone’s eyes or judge their behavior, assume that person is high, and accuse them.
Police Rely on Your Words
The right to remain silent allows people to avoid confessing to a crime. It’s also helpful for the innocent. When the police want to secure an arrest, they can use any piece of evidence, no matter how minor, against you. In fact, the Miranda warning clearly states that they will.
It’s easy to misspeak and use just the wrong combination of words that will get you in trouble. That’s why you should not answer any questions when you’ve been pulled over. It may be necessary to divulge your name, address, and other basic information. You have no obligation to tell them anything else.
Police can connect your driving behavior to any outside substance. If you tell them that you came from a sober bar where you drank three cups of kava, they can assume that you are under the influence and arrest you.
On the other hand, if you stay silent, they could only accuse you of breaking traffic laws. This could result in anything from a speeding ticket to a reckless driving charge. Reckless driving is a serious accusation, and you should fight it in court. However, it still isn’t as bad as a DUI or a DUID.
Law Offices of Kenneth A. Stover is here for people accused of driving under the influence. If you need help with a DUI or a DUID charge, contact us online for a free consultation. You can also call us directly at (775) 502-1575.