Drugs

Drugs

“Drug" is not defined in the DWI statute. The Controlled Substances Act defines “drug” as “substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States or official national formulary or any respective supplement to those publications. It does not include devices or their components, parts or accessories.” §30-31-2(K).

Note that §66-8-102(B) refers to being under the influence of “any drug.” This includes both illegal and legal (prescription and over-the-counter) drugs. Some law enforcement agencies have officers with specialized drug recognition training. According to the Drug-Impaired Driving Fact Sheet prepared by the Scientific Laboratory Division of the New Mexico Department of Health:

Drug effects can vary between individuals. The effects are influenced by history of drug use (chronic or naïve user), tolerance, overall health, individual sensitivity to the drug, metabolism and other factors. Many drugs, especially those that affect the central nervous system, can impair driving. These include illicit drugs, as well as therapeutic and over-the-counter medications. Many therapeutic drugs that are available with or without a prescription can have unwanted side effects that impair driving performance.

Illicit, therapeutic and over-the-counter drugs can impair driving performance.

Drug-Impaired Driving Fact Sheet, p. 2, Appendix D.1 (PDF:54k).