Drugged driving is more than someone choosing to get behind the wheel after ingesting some type of illegal drug, like cocaine or methamphetamine. Drug-impaired driving involves all sorts of compromised driving behavior caused by prescription drugs; over-the-counter medications; a hazardous combination of drugs; or clash of drugs and other things, like some foods.
Drug-impaired drivers are at risk of collisions where they, the occupants of their vehicle, as well as those sharing the roads with them may suffer life-altering injuries or death.
Explains the Indiana Criminal Justice Institute: “Impaired drivers cannot assess their own impairment – which is why no one should drive after using any impairing substance. If you feel different, you drive different.”
What Drugs Can Impair Driving?
While alcohol is considered by many as a drug, drunk driving is its own separate topic. Drugged driving is a form of risky driving where the driver has ingested (swallowed, inhaled, absorbed, etc.) a chemical that impacts the body, and specifically its nervous system, in some way.
1. Illegal Drugs
Obviously, drugs that have been made illegal to use or possess (e.g., “controlled substances”) are understood by most people to impact the ability of someone to drive a motor vehicle. From serious opioids (think heroin) to recreational marijuana, studies confirm that the user’s coordination is slowed, as well as their ability to think clearly and react quickly. Some drugs (like cocaine) may encourage the user to be more reckless while driving, which may be exacerbated by simultaneous alcohol consumption.
See, Couper, Fiona J., et al. Drugs and Human Performance Fact Sheets: 2024. No. DOT HS 813 650. United States. Department of Transportation. National Highway Traffic Safety Administration, 2024; and US Food and Drug Administration. “Evaluating Drug Effects on the Ability to Operate a Motor Vehicle Guidance for Industry.” 2017.
Marijuana
While marijuana has been decriminalized in our part of the country to some extent, its ability to impair an individual’s ability to drive remains, as demonstrated by several studies. Read: Marijuana Impaired Drivers: Increasing Risk of Serious Crashes; and Marijuana Accidents: Impaired Driving in Indiana and Illinois.
From the National Highway Traffic and Safety Administration (“NHTSA”) (links to citations omitted):
There are many misconceptions about marijuana use, including rumors that marijuana can’t impair you or that marijuana use can actually make you a safer driver.
Several scientific studies indicate that this is false. Research shows that marijuana impairs motor skills, lane tracking and cognitive functions (Robbe et al., 1993; Moskowitz, 1995; Hartman & Huestis, 2013). A 2015 study on driving after smoking cannabis stated that THC in marijuana also hurts a driver’s ability to multitask, a critical skill needed behind the wheel.
2. Prescription Drugs
Prescription drugs that can impact someone’s ability to drive include not only those directed by someone’s health care provider for conditions like pain, but for things like stimulants to treat ADHD; depressants intended to treat anxiety disorders; or things to help someone get some sleep. Doctors and pharmacists should warn their patients of the risks of driving after taking their prescription drug. The drugs themselves should also contain a warning label.
And of course, using any prescription drug that was not prescribed for the driver may detrimentally impact their ability to operate a motor vehicle. Use of someone else’s prescription will likely be considered illegal drug use in the event of an accident, increasing liability for the driver as well as those who provided it to them.
Among widely-prescribed drugs that impact the ability to drive are:
- anti-anxiety medications (benzodiazepines);
- antidepressants;
- antihistamines (allergy medications);
- antipsychotics;
- muscle relaxants;
- opioids (pain relievers); and
- sleeping pills.
3. Over the Counter Medications
The AAA Exchange recognizes that “we are an overprescribed America – the US represents under 5% of the world’s population, but consumes about 80% of the world’s prescription drugs.” And that’s not including the things that can be purchased at the grocery store, big box, or gas station when someone is on the road and not feeling great.
Several different types of over-the-counter medications (“OTC”) are dangerous for drivers, including:
- antihistamines (taken for things like sneezing, runny nose, coughs, itching)(example, Benadryl);
- antidiarrheals (taken for diarrhea)(think Imodium); and
- antiemetics (taken for nausea, dizziness, and other symptoms of motion sickness).
For more, read “Caution: Some Over-the-Counter Medicines May Affect Your Driving,” published by Drugs.Com.
Claims for Drugged Driving Accidents in Illinois or Indiana
NHTSA warns that over half (51.6%) of drivers involved in serious injury and fatal crashes tested positive for at least one drug based upon trauma center data compiled in the fall of 2020.
The human brain is miraculous and intricate, performing countless acts at both the conscious and unconscious levels. Drugs can impact the brain’s cognitive abilities in serious and significant ways. Read: Driving, the Brain, and Serious or Fatal Injuries: The Neuroscience of Driving in Car Accidents and Truck Crashes.
Illegal drug use may cause the drugged driver to drive recklessly, without sufficient comprehension of the risks involved. Prescriptions or over-the-counter medications may cause the drugged driver to be sleepy, dizzy, or with a brain fog that brings cognition of hazards on the roadway to a snail’s pace or a full stop.
For those who have been seriously hurt or killed in a semi-truck crash or motor vehicle accident in Indiana or Illinois where a drugged driver is suspected to be involved, there are laws on the books to help those victims get justice in the aftermath. State laws are on the books that define legal duties of safety and care, which if breached, form the basis of legal claims for recompense.
Accident investigations may reveal that more than one duty was breached and contributed to the event, with more than one company or individual having legal liability for the drugged driving accident.
For instance, the nonprescription medicine involved in a drugged driving crash should have had directions for use that did not include warnings about driving. Most of us have seen the popular cold medicine warning label to avoid driving or operating heavy machinery after its use. Failure to provide adequate warnings may form the basis of a separate legal claim based upon insufficient or missing warning labels on the product.
For more on drugs and driving accidents, read:
- FDA Warns of Over-the-Counter (“OTC”) Medications and Drugged Driving Accidents
- Drugged Drivers Cause More Fatal Crashes in Indiana than Drunk Drivers: New Indiana University Study
- Sick or Ill Drivers, Cognitive Function, and Motor Vehicle Accidents
- New Federal Rule to Combat Impaired Truck Drivers By Forcing States to Pull Trucker’s CDL or CLP.
Drugged driving is a very real danger here in our part of the country. Drugs can cause aggressive behaviors as well as extreme drowsiness or other side effects that create extreme hazards for a drug user who is behind the wheel. While illegal drugs are recognized for their risks, drugged driving also involves drugs much more commonplace than just those that are illegal. Please be careful out there!
