Motorists Could Face Drug Tests
County Council OKs Legislation for Police to Check for Cocaine in Blood of
Drivers
The Summit County Council adopted legislation Monday that will result in the
first law in Ohio to target drugged drivers as well as drunken ones.
The law will allow the prosecution of an impaired driver under the influence of
any form of cocaine. It allows officers to test drivers for traces of cocaine
in the bloodstream.
The Summit County Council can establish laws because it is a charter county. It
only needs the signature of Summit County Executive James B. McCarthy, who
supports it, to make it legal.
Now when police officers stop someone they suspect is driving under the
influence, they can test for alcohol with a breath-analysis machine. If the
tests show up with no alcohol levels, they can take an additional step to draw
blood to check for cocaine residuals. The person arrested would be taken to a
hospital where the testing would be done.
"In the past, it was difficult to find out whether a person was under the
influence of some form of cocaine and it was difficult to do anything about it
when they did find out," said Councilman-at-large Paul Gallagher, who came up
with the idea.
Like the breath test for alcohol, there are two ways to prove a driver is
impaired, he said.
"The easy way is to use the test, or the hard way is to examine driving patterns
and behaviors and depend on admissions of guilt," Gallagher said. "In the area
of driving under the influence of cocaine, police officers only had one option
-- the hard way."
Gallagher's legislation does not change any penalties. The punishment for an
alcohol-related conviction would be identical for a drug-related conviction.
The same consequences would apply if a person refuses to give a blood sample --
license suspension for a year.
If blood is drawn over the legal limit, the person is charged and easily
convicted. The test results provide the proof, which cuts out the need to bring
in experts to testify in court.
What is the legal limit? The new law says the person has a concentration of 50
nanograms or more by weight of cocaine in the blood or the person has a
concentration of 100 nanograms or more by weight of benzoylecgonine ( a cocaine
metabolite ) in the blood.
The Summit County Medical Examiner's Office will run the analysis of the blood
samples and promise a speedy turnaround. If law enforcement agencies don't have
a blood-testing kit, the medical examiner's office will provide one to whatever
agency would like them.
Council members lauded Gallagher for his hard work in getting the measure
passed. It was on the table for six months and had the support of law
enforcement officials. It passed unanimously.
Gallagher said the new law is only half of what he would like to see go into
effect. His original driving under the influence law included blood tests for
the use of marijuana, but there were unique factors that stopped it. Scientists
could not agree on what level of marijuana in the bloodstream constitutes
impairment.
"You can talk to 10 different toxicologists and can get 10 different opinions,"
Gallagher said. "The other thing is the recency of use. You can't prove the
last time marijuana was used, because it stays in your system for several
months."
Newshawk: End
Marijuana Prohibition:
www.mpp.org
Pubdate: Tue, 26 Aug 2003
Source: Beacon Journal, The (OH)
Copyright: 2003 The Beacon Journal Publishing Co.
Contact:
vop@thebeaconjournal.com
Website:
http://www.ohio.com/mld/beaconjournal/
Details:
http://www.mapinc.org/media/6
Author: Marilyn Miller, Beacon Journal staff writer
Cited: Summit County Council
http://www.co.summit.oh.us/council/index.htm
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