The Leading Vulnerability of Proving Drugged Driving in Pennsylvania

One of the theories that the prosecution can opt to prosecute a Drugged Driving case in Pennsylvania is by proving impairment by a drug. 

Drug impairment cannot be determined by toxicology results alone. In fact, the interpretation of toxicology results is often complicated by issues surrounding pharmacodynamics and pharmacokinetics. To understand why, let’s take a closer look at these terms.

Pharmacodynamics is the study of how drugs affect the body, including how they interact with receptors and other molecules in the body. Pharmacokinetics, on the other hand, is the study of how drugs move through the body, including how they are absorbed, distributed, metabolized, and excreted.

The problem with using toxicology results to determine drug impairment is that pharmacodynamics and pharmacokinetics can vary widely depending on a number of factors, including an individual’s age, weight, gender, metabolism, and liver function, as well as the specific drug(s) in question and the method of ingestion.

For example, some drugs are more potent when smoked or injected than when ingested orally. Similarly, some drugs may be absorbed more quickly or slowly depending on how they are ingested. Additionally, different individuals may metabolize drugs at different rates, which can further complicate the interpretation of toxicology results.

Furthermore, the presence of a drug in a person’s system does not necessarily indicate that the person is impaired by that drug. Some drugs can remain in a person’s system for days or even weeks after use, and may not be impairing at the time the drug test is administered.

Research has shown that toxicology results alone are not a reliable indicator of drug impairment. In fact, studies have found that individuals with high levels of drugs in their system can still perform cognitive and motor tasks as well as individuals with no drugs in their system, while individuals with low levels of drugs in their system can be highly impaired.

In conclusion, while toxicology results can be a useful tool in determining whether a drug was present in an individual’s system, they should not be relied upon as the sole indicator of drug impairment.

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PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.