Editorial

DWI for drugs

Under current law in Missouri, a motorist who is found to have blood alcohol content over a certain level can be charged with driving while intoxicated even if police officers did not see the motorist consume any alcoholic beverages. But that same motorist who is shown to have illegally consumed controlled substances that affect his driving cannot be charged with DWI unless an officer sees the drugs being consumed under current law.

State Sen. Jason Crowell of Cape Girardeau and state Rep. Scott Lipke of Jackson would like to change that. They have enlisted the assistance of Morley Swingle, Cape Girardeau County's prosecuting attorney, in drafting legislation aimed at drivers with any amount of a controlled substance in their systems. Prescribed drugs and over-the-counter medications would be exempted.

Sixteen other states have similar legislation. So far, the laws in other states have withstood legal challenges, and the local legislators and prosecutors believe the bill they are drafting would similarly stand up to legal scrutiny.

The proposed DWI law involving controlled substances is a tough approach to a serious problem. Whether it is the best answer remains to be seen. Through the legislative process of proposing a bill, committee hearings and floor debate, Missourians will learn much more.

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