How can the police know if an individual is driving while high? Oftentimes, they use a combination of field sobriety tests and chemical tests to measure an individual's blood alcohol concentration and determine whether or not that driver is drugged. Drugged driving is completely illegal. Unlike drunk driving, which is only punishable if the driver has a BAC of 0.08% or more, drugged drivers can be penalized if there is any hint of an illegal narcotic in their system.

Officers may suspect that you are a drugged driver if you are driving erratically. Officers need reasonable suspicion to stop any driver for a DUI or drugged driving. Swerving, speeding, violating traffic signals, or very aggressive and dangerous driving are all reasons that an officer may have reasonable suspicion which warrants the traffic stop. You don't necessarily have to break a law to be pulled over for potential drugged driving. Just evidencing that you are dangerous is enough.

When the police pull you over, there is a chance that they will ask you to submit to the horizontal gaze nystagmus test. This allows the police to follow the eyes and see if there is any involuntary jerking while the eyes follow a horizontal motion. While this test can be an indicator of drug use, it is not entirely accurate. A nervous driver may experience involuntary jerking of the eyes as well.

Individuals actually have say in whether or not they want to partake in field sobriety tests. It is illegal to reject a chemical test, but if you are asked to participate in a field sobriety test you have permission to say you would rather not. If the police choose to give you a blood test, you will need to submit. A professional trained and licensed professional must perform the test, which means you may be taken to the police station or a hospital for the test to be performed.

Sometimes, the law enforcement officers will use drug swabs. These swabs use a driver's saliva to determine whether or not he or she has been using an illegal or prescription medication. This is considered a chemical test, so if you are asked to submit to a drug swab, resisting will result in suspension of your driver's license.

Drug swabs can detect drug use that may have taken place several days before. It is also important to keep in mind that it is illegal to drive with certain prescription drugs in your system as well. You will want to be very careful about driving after you have used any sort of drug, even if it is a legal painkiller that you are using for a legal purpose. If you want more information about drug impairment tests, don't hesitate to contact a trusted and hardworking attorney near you.