Car crashes caused by drug-impaired drivers are on the rise. More people are getting behind the wheel after using substances that slow their reflexes, cloud their judgment, or dull their ability to focus. From cannabis and prescription painkillers to illegal narcotics, drugs are playing a bigger role in serious and deadly crashes than ever before.
So, how common is drug impaired driving? Studies show a steady increase in drug-related crashes over the past decade. Unlike alcohol impairment—which has clearer detection tools and public awareness—drugged driving remains harder to track and just as dangerous.
If you or someone you love was injured in a crash caused by a driver under the influence of drugs, the emotional and financial strain can feel unbearable. Medical bills pile up, time off work drains your income, and the loss of comfort or companionship can leave lasting scars.
A personal injury lawyer can help you take the right legal steps toward holding the other driver accountable and recovering what you need to move forward. Contact a car accident attorney near you today for a free consultation to review your case and explain your options.
Understanding drug impaired driving
Drug impaired driving refers to operating a vehicle while under the influence of legal or illegal substances that affect a driver’s mental or physical abilities. While the term might bring illegal drugs to mind, many substances that impair driving are commonly prescribed or purchased over the counter.
What counts as drug impairment in Virginia
Virginia law prohibits driving under the influence of any drug that impairs a person’s ability to operate a vehicle safely. Under § 18.2-266 of the Code of Virginia, it is illegal to drive while under the influence of alcohol, narcotics, or any combination of drugs that impair driving ability. Unlike alcohol, where a 0.08% blood alcohol concentration is a clear threshold, drug levels don’t always have a standard measure. Prosecutors often rely on observable impairment, toxicology reports, and officer testimony.
Types of drugs involved in impaired driving
Substances commonly linked to impaired driving include:
- Cannabis (marijuana): Known to slow reaction time and reduce coordination.
- Opioids: Both prescription and illegal versions (like heroin) can cause drowsiness and poor judgment.
- Stimulants: Drugs like methamphetamine or cocaine can cause aggression or reckless driving behavior.
- Benzodiazepines: Anti-anxiety medications like Xanax can lead to drowsiness and dizziness.
- Over-the-counter medications: Some antihistamines or cold medicines impair alertness and motor skills.
How drugs affect driving differently than alcohol
Drugs affect the brain and body in a wide variety of ways. Cannabis, for instance, may reduce reaction times and impair spatial awareness, while stimulants like cocaine can increase risk-taking and aggressive behavior. Opioids and sedatives may cause heavy drowsiness, confusion, or even blackouts. These effects don’t always line up with measurable blood levels, making detection more complicated than with alcohol.
Current statistics and trends
Drug impaired driving has been a growing concern for law enforcement, public health officials, and safety advocates alike. Data shows an alarming increase in its role in serious and fatal crashes.
National and Virginia-based prevalence
According to the National Highway Traffic Safety Administration (NHTSA), around 56% of drivers involved in serious or fatal crashes in a recent year tested positive for at least one drug.
In Virginia, the Department of Motor Vehicles (DMV) drugged driving data from recent years shows a year-over-year rise in drug-impaired driving crashes, particularly among young adults aged 21 to 34.
Most common substances detected
- THC (marijuana’s active ingredient) remains the most commonly found drug in crash-involved drivers.
- Prescription opioids follow closely, especially where long-term pain management is involved.
- Polysubstance use, where a driver has multiple drugs or a mix of alcohol and drugs in their system, is becoming more common—and more dangerous.
Trends compared to alcohol-impaired driving
While alcohol-related crashes have decreased slightly due to public awareness campaigns and tough enforcement, drug-impaired driving hasn’t seen the same progress. In fact, drug-related DUI arrests now make up a larger share of total impaired driving charges in several states, including Virginia.
Social and economic impact
Beyond the human cost, drugged driving crashes cost billions annually in lost wages, medical care, property damage, and legal expenses. Families also endure deep emotional strain from sudden injuries or loss—struggles that ripple through entire communities.
Public health perspective
Drug-impaired driving has become a major public health challenge. Many states, including Virginia, are grappling with the rise in prescription drug use, opioid dependency, and changing cannabis laws. Public health campaigns are shifting to address this newer form of impaired driving with education, prevention, and treatment resources.
Detection and enforcement challenges
Law enforcement officers and prosecutors encounter significant obstacles when trying to identify, stop, and convict drug-impaired drivers. Unlike alcohol-related DUIs, which benefit from well-established detection tools and legal standards, drug impairment presents more complicated enforcement problems—especially in states like Virginia.
Virginia law treats drugged driving seriously, but the current tools and technology haven’t fully caught up to the scope of the problem. Officers often rely on observation and judgment calls, which can lead to legal challenges later in court. As drugged driving increases across the state, detection methods and prosecution strategies continue to evolve.
Current methods used by police officers
When a police officer suspects drug use during a traffic stop or after a crash, they follow several steps to build probable cause:
- Field sobriety tests (FSTs): These roadside exercises test balance, coordination, and attention. While useful, they’re subjective and often influenced by the officer’s interpretation.
- Drug recognition experts (DREs): Some departments, including those in Virginia, train officers to identify drug impairment symptoms. DREs conduct a 12-step evaluation that includes pupil measurements, blood pressure, and psychophysical tests.
- Toxicology tests: If impairment is suspected, police may request a blood or urine test. Blood tests are more reliable but must be collected under strict chain-of-custody protocols and may take days or weeks to process.
Limitations in current detection tools
Police don’t have a roadside equivalent of the breathalyzer for drug detection. THC, for instance, can stay in the bloodstream long after its effects wear off. This creates a disconnect between drug presence and actual impairment at the time of the stop.
Even when a blood test confirms the presence of a drug, the results don’t always indicate how it affected the driver. Prescription drugs, for example, might appear in therapeutic doses that don’t impair every user in the same way.
Some officers rely on handheld saliva tests or other experimental tools, but these devices haven’t been fully validated or approved across all jurisdictions. In Virginia, officers generally rely on standard field observations, DRE assessments, and lab-confirmed toxicology reports.
Legal thresholds and interpretation of results
Unlike alcohol’s 0.08% blood alcohol concentration limit, Virginia does not impose specific legal thresholds for most drugs. For a conviction, prosecutors must demonstrate that the driver was impaired—not just that a substance was in their system.
The law lists per se limits for a few specific drugs (e.g., methamphetamine at 0.1 mg/L, cocaine at 0.02 mg/L), but many others lack defined impairment levels. Without clear-cut limits, cases often hinge on circumstantial evidence or expert testimony.
Hurdles in building a solid criminal case
Prosecutors in drugged driving cases face uphill battles:
- Subjectivity: Officers may differ in their evaluation of impairment signs. Defense attorneys often highlight these discrepancies.
- Delayed toxicology reports: Weeks may pass before lab results become available, complicating case timelines and trial preparation.
- Legal prescriptions: If the driver was taking a prescribed medication, the defense may argue that they were using it responsibly and not impaired.
- Lack of jury understanding: Jurors may struggle to grasp how certain drugs impair driving, especially if levels don’t seem high.
Even when drivers clearly show impairment symptoms, the absence of a clear legal threshold can make conviction difficult.
Legal consequences of drugged driving
A drug-impaired driving charge doesn’t just carry criminal penalties—it can also open the door to civil liability when someone gets hurt. In Virginia, the law allows victims of drugged driving crashes to seek compensation for their losses, and the at-fault driver can face both criminal prosecution and personal injury claims. While criminal charges aim to punish, civil cases focus on holding the driver accountable for the harm they caused.
When drug impairment causes a crash, victims often experience more than just temporary setbacks. They may deal with long-term medical needs, time away from work, and painful recovery periods. The law gives them the right to pursue damages from the impaired driver.
Criminal penalties for drug-impaired driving in Virginia
Virginia treats drug-related DUIs as seriously as alcohol-related ones. First-time offenses can lead to:
- Up to 12 months in jail
- Fines up to $2,500
- A mandatory license suspension for 12 months
- Enrollment in a Virginia Alcohol Safety Action Program (VASAP)
- Possible installation of an ignition interlock device, especially for multiple offenses or if the drug was combined with alcohol
If a driver causes a crash resulting in serious injury or death while under the influence, prosecutors may pursue felony charges, which carry prison time and long-term license revocation.
How criminal conduct affects personal injury claims
When a drug-impaired driver causes a crash, the injured party can pursue compensation through a personal injury claim. This includes:
- Medical expenses now and in the future
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Loss of enjoyment of life
In some cases, courts may also award punitive damages. These go beyond compensation and are designed to punish especially dangerous or reckless behavior. Virginia allows punitive damages in DUI-related injury cases when the conduct shows a conscious disregard for the safety of others.
A driver found under the influence often strengthens the case against them. Evidence of drug use can support a claim that the driver acted with gross negligence or reckless disregard for others’ safety.
Insurance and liability issues
Insurance companies frequently try to minimize their payouts—even in clear cases of drug impairment. If they delay or deny rightful claims, injured victims have the right to seek damages through litigation. Some carriers may also try to shift blame onto the injured person to reduce compensation.
Recent legal developments
Virginia courts have seen a rise in drugged driving injury claims, especially as cannabis legalization and opioid prescriptions become more common. Newer rulings support harsher liability for drivers under the influence, particularly when their actions result in long-term harm or death.
Risk factors and prevention
Reducing the number of drug-impaired drivers on the road takes more than enforcement. Prevention starts with education, responsible prescribing, and smarter technology.
Public awareness campaigns
Groups like the Virginia Highway Safety Office and NHTSA have rolled out campaigns targeting teens, young adults, and prescription drug users. Messages focus on the real consequences—arrest, injury, or death—of getting behind the wheel while impaired.
Role of healthcare providers
Doctors and pharmacists play a key role. They’re encouraged to educate patients about the side effects of medications, especially opioids, benzodiazepines, and sleep aids. Labels often include driving warnings, but patients don’t always take them seriously without clear guidance.
Policy approaches that work
Some effective measures include:
- Drugged driving checkpoints
- Expanded officer training
- Prescription monitoring programs
- Real-time tracking of DUI drug trends
Technology solutions
Several companies are developing new roadside drug detection devices, though most are still in testing. Meanwhile, ride-share apps, vehicle monitoring systems, and smart dashboard alerts can help reduce the number of impaired drivers who get on the road.
Contact an experienced car accident attorney now
Drug-impaired driving is a growing threat, and the consequences are often life-changing for those injured by someone else’s careless decision. Victims may struggle with serious injuries, lost income, and the emotional aftermath of the crash. The law offers a path to hold impaired drivers accountable and recover compensation for what was taken from you.
Allen & Allen is ready to help you take that next step. Our firm understands how deeply these crashes affect families, and we’ll make your fight their fight. With decades of experience handling injury claims involving drug-impaired drivers, we know what it takes to demand justice from insurers and at-fault parties alike.
If someone else’s reckless actions caused your injuries or took the life of a loved one, you deserve answers—and results. Contact Allen & Allen today for a free consultation. Let us shoulder the legal burden so you can focus on putting your life back together.
