Thanks to the reliable breathalyzer, the typical DUI is often an open and shut case. Implied consent laws mean that all drivers have consented to a BAC test and the results provide key evidence. Sure, there are ways to challenge the evidence, but usually on a technicality (i.e. the machine is overdue for a routine maintenance and accuracy check).
But drugs other than alcohol? Not as simple to prove, but Illinois police have their methods.
So in the absence of a magical machine that tells officers how much of which drug influenced the driver at the time he or she was driving, how do they gather evidence proving the DUI beyond a reasonable doubt?
Alcohol metabolizes quickly, within about an hour of consumption per drink, but different drugs stay in the body for varying amounts of time. If someone who is just a poor driver but suspected of a DUI fails a drug test, how do police know he or she was under the influence of that drug while driving?
Prosecution uses a combination of circumstantial evidence (swerving, extreme paranoia), physical signs of the driver (track marks, dialated pupils), results of a drug test and the testimony of a drug recognition expert, according to Peoria, Illinois DUI attorneys at Miller & Pugh Law Offices, P.C. (FindLaw listing).
Drug recognition experts usually follow this 12-step process to evaluate suspected drug impairment (Wikipedia):
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Breathalyzer test
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Interview of arresting officer
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Preliminary examination
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Eye examination
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Divided attention tests
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Examination of vital signs
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Dark room examinations
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Examination of muscle tone
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Examination of injection sites
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Suspect's statements, other observations
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Opinion of the evaluator
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Toxicological examination
It's quite an extensive method, as you can see, and way more involved than a simple breathalyzer. Drug-related DUIs are treated just like alcohol-related DUIs in court.
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The International Drug Evaluation & Classification Program (home page)
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How Do Drugs Affect Driving? (Emergency Medical Services Authority)
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Drugged Driving (National Institute on Drug Abuse)
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Directory of Chicago DUI lawyers (FindLaw)
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