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by kube-system 39 days ago
Are you sure about that? Maybe your locale is different, but the DUI/OVI statute in the part of the US where I live is for influence of "alcohol or drugs" specifically. And it absolutely does have a list of what qualifies... and that list basically includes all drugs and alcohol.

Part of the criminal element of DUI is someone's choice to alter their body intentionally. I don't think many would think it would justly apply to natural processes like sleepiness or medical emergencies. That's not to say there shouldn't be penalties for failure to operate a vehicle safely, but those situations are clearly very different than DUI.
1 comments
parineum 38 days ago
What I said there was confusing. I was saying that _I_ was fine with an over-tired person being charged with a DUI as I feel it's just as dangerous and just as elective. It is not the law here. That was unclear, sorry.

The relevant section of the law here is:

(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.

> And it absolutely does have a list of what qualifies... and that list basically includes all drugs and alcohol.

Does it state that the list is the exhaustive list? I have a hard time believing that someone could be pulled over, obviously inebriated but get off because they were actually on some new synthetic marijuana that wasn't on that list.

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kube-system 38 days ago
I disagree with that, because the penalties for DUI aren't merely because it is dangerous, but primarily because of the negligent intent related to the act.

And most laws in the US work this way (e.g. they are not strict liability). We often treat people differently based on why a thing happened because doing a bad thing for a bad reason is worse than doing the same thing for any other reason. For example, the penalty for killing a person might range from "absolutely nothing" to "life in prison or death" depending on why it happened.

> Does it state that the list is the exhaustive list? I have a hard time believing that someone could be pulled over, obviously inebriated but get off because they were actually on some new synthetic marijuana that wasn't on that list.

They thought of this -- the list itself includes any "chemical" that is "mind altering", as well as specific drugs.

What it doesn't include is any reason that isn't drugs or alcohol related.

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