Utah DUI Attorney : Salt Lake City DUI Lawyer & Attorney : Glen Neeley : Serving Davis County, Ogden, Brigham City, Logan

 This women is being charged with multiple first degree felony rape charges.  Today was her preliminary hearing.  My partner, Rich Gallegos, is defending her.  He asked me to sit with him at the defense table for support and for a second pair of eyes.  He was masterful.  The headlines for months read "Teacher had sex with her student."  Rich showed how things are not so black and white.  He was able to show how this kid was very adult in his conduct and groomed not one, but two older women into inappropriate relationships.  Rich showed how this kid instigated the relationship and pursued this women.  The whole case was turned around once Rich was able to cross examine the witnesses.  Even the judge seemed hesitant to bind the women over for trial.

 

 

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I saw this article published by the Standard Examiner.  The story is about looking for DUI drivers during the month of December.  Contrary to popular police belief, December and the holidays, is not the most dangerous months according to the article.  In fact the article says "December ranked seventh of all months for the most part traffic fatalities.  The most deadly month is July.

Here is the what the article says:

But even Pectol, whose office is the main repository for Utah DUI statistics, cannot provide data that show impaired driving happens more frequently during the holidays.

According to Highway Safety data, December ranked seventh of all months for the most traffic fatalities between 1996 and 2005. The most deadly month was July.

In 2002, the last year Highway Safety's crash summary separated DUI-related crashes by month, December was seventh with 172 DUI-related crashes. July was first with 227.

In 2001, however, December was second only to August for DUI-related crashes.

Pectol said the statistics on December DUIs are mixed, but she does believe there is an increase in impaired driving during the month. Statistics, she said, can't measure how many impaired drivers are not caught, so it's difficult to prove if any month truly has more impaired driving.

"I think we can only suspect because there's not a good way to gather that kind of data," she said. "Even if you asked an anonymous survey, I'm not sure everyone would be honest."

The officer then blames wrong statistics that are collected by his own agency.

It is disturbing to me that the officer being interviewed is going beyond the law and believes people at a .04 or .06 blood alcohol level is impaired.  In reality, the officer seems to indicate that if you have any alcohol on your breath and you are pulled over, you will be arrested for DUI.

I agree that people should not drink and drive with any alcohol.  That is beyond the law.  One person's morals should not be a basis to make a serious allegation such as DUI.

Read the whole article here. Deck the halls with DUI's
Sunday, December 2, 2007

By Jesse Fruhwrith
Standard-Examiner Davis Bureau



'Tis the season for holiday drinking, and Top of Utah police are in the mix

LAYTON -- It's the bourbon eggnogs and hot buttered rums that cops worry about. Search the Internet for "holiday drinks" and you'll find that the recipes on the most popular Web sites almost always call for alcohol. It's clear that, for many, liquor is an important ingredient for lifting holiday spirits.

In the days preceding a DUI blitz Friday night, Davis County law enforcement officials made the case that December is a special time for DUI enforcement because more people are driving while impaired during the holidays. Though most officers know state statistics aren't hugely helpful in proving that case, many nevertheless believe it's true and schedule beefed-up enforcement accordingly.

While staffing a sobriety checkpoint in Layton on Friday night, with his trooper hat covered in plastic and snow flakes in his eye lashes, Utah Highway Patrol Sgt. Shane Nordfelt said enforcement is often ramped up during December.

"During this time of year, because there are holidays, we tend to be more involved in activities such as this and getting the word out a lot more," he said. "We'll see a lot of designated drivers this weekend. A lot of that is because ... people know we're enforcing."

Layton Lt. Garret Atkin, who was in command of the checkpoint, explained the rationale.

"Maybe what you see is more opportunity to (drink) during this time of year," he said. "People get together with friends and family and celebrate the season. I think you may see the opportunity more than you would in, say, March."

During Friday night's countywide blitz, police agencies arrested 10 drivers for driving under the influence of alcohol; two had been involved in minor crashes. They also cited two people for open containers, encountered 20 designated drivers and issued 11 misdemeanor warrants, Nordfelt said Saturday.

So despite the year's first significant snowfall reducing traffic overall during the blitz, the enforcement showed that, like all the other months, December has a sufficient number of impaired drivers to arrest.

December?

But does that mean December is particularly dangerous?

Teri Pectol is a program manager for Utah's Highway Safety Office and distributes federal grants for DUI blitzes like the one in Davis County on Friday night.

She repeated a common belief that December is a fantastic month for extra DUI enforcement because people who do not ordinarily consume alcohol are more likely to do so at holiday parties.

"Many people who aren't used to drinking and only drink at the holidays may only go to 0.04 or 0.06 (blood alcohol content), but they're impaired, too impaired to drive," Pectol said. "I don't think people realize how much they can drink in just a short amount of time."

But even Pectol, whose office is the main repository for Utah DUI statistics, cannot provide data that show impaired driving happens more frequently during the holidays.

According to Highway Safety data, December ranked seventh of all months for the most traffic fatalities between 1996 and 2005. The most deadly month was July.

In 2002, the last year Highway Safety's crash summary separated DUI-related crashes by month, December was seventh with 172 DUI-related crashes. July was first with 227.

In 2001, however, December was second only to August for DUI-related crashes.

Pectol said the statistics on December DUIs are mixed, but she does believe there is an increase in impaired driving during the month. Statistics, she said, can't measure how many impaired drivers are not caught, so it's difficult to prove if any month truly has more impaired driving.

"I think we can only suspect because there's not a good way to gather that kind of data," she said. "Even if you asked an anonymous survey, I'm not sure everyone would be honest."

DUI arrests in Utah do not increase during the holidays nor at any other specific time of year. With few exceptions in the last three years, each month provided roughly 8 percent to 9 percent of the yearly DUI arrests, according to Utah Department of Public Safety figures.

Nordfelt said arresting 10 people for DUI is a moderate number, not particularly high or low. He said the roadblock pulled over 80 drivers. One was arrested for a drug offense and none were arrested at the roadblock for DUI.

Nordfelt said that's just fine.

"It doesn't disappoint us and it doesn't surprise us. One of the reasons is the proactivity that goes on. We're required by law to say through the media that we're holding a roadblock. We did that, so the word was out," he said.

"Our undercover officers in bars last night were being told there was an enforcement going on and a roadblock. They were told that at multiple bars."

If people are avoiding the blitz, he said, they are likely doing something safer than driving while impaired, such as staying home, calling a cab or using a designated driver.

Despite the wretched weather Friday -- by 11:15 p.m. heavy, wet snow was blowing in the wind -- the sober drivers who were stopped at the checkpoint didn't seem to mind.

"It's in a bad spot (Antelope Drive, west of Interstate 15), but I think it's good they're trying to catch people who are driving drunk," said Brad Baxter, of Clearfield, after being stopped, checked by police and released. "It'll help wake people up a little bit."

DUI at a glance

DUI-related traffic crashes and DUI arrests have increased in Utah, but at a slower rate than the state's population growth.

* Utah law enforcement agencies arrested 14,658 drivers for suspected DUI in fiscal year 2007, which ended June 30. That's up 4 percent since 2002, the latest data available.

* There were 2,056 DUI-related crashes during 2005, a 10 percent increase since 1997. Utah's population has grown an estimated 24 percent during the same time period.

* There were 66 DUI-related deaths in 2006, a decrease of 25 percent since 1997.

* Possibly the worst year in Utah history for impaired driving was 2000. More DUI-related crashes and fatalities occurred that year than any other. There with 2,163 DUI-related crashes, in which 90 people were killed.

Sources: Utah Department of Public Safety and the Utah Commission on Criminal and Juvenile Justice

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Here is an article about South Carolina, which ranks as one of the worst for percentages of drunk-related deaths.  However, Utah ranks as one of the best in the nation.

The article states:

--In the U.S., someone is killed in an alcohol-related accident about every 30 minutes.

--Roughly one-third of all drivers arrested or convicted of driving while intoxicated or driving under the influence of alcohol are repeat offenders.

--There were 13,470 drunk-driving traffic deaths last year in the U.S.

Some of the other "worst" states in percentage of fatalities involving a drunk driver: Montana, Hawaii, Texas, Louisiana, New Hampshire, North Dakota, Connecticut and South Dakota.

These states are reported as the "best" in low percentage of drunk-related deaths: Utah, Kentucky, Nebraska, North Carolina, Alaska, Maine, New York, Georgia, Indiana and Iowa.

The author jumps on the bandwagon with MADD to get even more tougher on DUIs.  The author believes that jail time is a threat.  Most of the people I deal with do not intend to drive drunk.  They seem to lose their rational thinking at some point during the evening.  Calling on the powers of deterrence just doesn't seem to work.  In the previous post I did, I like the solutions suggested by the Janice.  It's too easy to gripe and complain.  It's too easy to jump on the band wagon of "let's get tough of DUIs.  Imprisoning people has never worked.  Look for other solutions.  Make car manufacturer's develop cars that won't start if alcohol is on your breath.  Provide other ways for a person to get home.  Just some things to consider. DUI deaths: S.C. ranks 2nd worst
Saturday, December 8, 2007


This columnist takes great pride in reporting positive news about this great state. Conversely, it takes a great amount of thought to introduce a subject in which the state does not excel.

In this context, it is distressing to report that the Mothers Against Drunk Driving organization just released a study that shows South Carolina as the second worst state in the nation in a ranking based on the percent of total traffic fatalities that involve a drunk driver. Only the state of Wisconsin ranks worse.

Of 50 states plus the District of Columbia studied, our state ranks No. 50. Is it time for action? Please read on.

Specifically, the MADD report shows that 40.5 percent of South Carolina's highway deaths in 2006 involved a drunk driver. That figure is based on 1,037 traffic crash deaths last year, with 420 alcohol-related.

MADD states in a letter to this citizen: "Charleston's roads are a potential death trap for you and your family! Part of this is because South Carolina's drunk-driving law has a number of loopholes in it, which allows for many driving offenders to be let off."

The thrust of MADD'S campaign is for the General Assembly to pass legislation to eradicate repeat-

offender violations, injuries and deaths through the mandatory use of ignition interlocks. With this device, a sensor perceives when a drunk is about to start the vehicle and locks the ignition.

In addition to the MADD initiative, your columnist has additional ideas that also could drastically reduce highway fatalities caused by DUI. Candidly, this state is not tough enough on first, second, third and even fourth offenders. Look at these statistics, published some time ago by The State newspaper:

--In a given month, 176 people were serving time for killing someone in a drunken-driving accident. Almost 18 percent of those people had at least one prior DUI conviction in South Carolina.

--On average, 40 percent of repeat-offense DUI cases from 2002 through 2006 involved guilty pleas to reduced charges.

--Just 826 of 6,500 sentences given out to repeat offenders during that time included prison time.

The newspaper also reported a statement from a chief prosecutor for Orangeburg, Calhoun and Dorchester Counties, David Pascoe: "Can you imagine if you tried every DUI case? You wouldn't move any other cases."

Another chief prosecutor for the 15th circuit, Greg Hembree, said judges, too, are under pressure to accept pleas. "Judges are catching it all the time, that the prisons already are full, and they need to save bed spaces for the violent offenders. If you're going to look at blame, I think it can be spread around pretty broadly."

DUI prison

That last point is especially significant if you recall the recent Post and Courier series on overcrowded jails. Here is one Spaulding Solution (SS): To overcome the reluctance of prosecutors and judges to sentence first-time DUI offenders to crowded jails and to keep them from violent criminals, build another jail for those convicted of DUI.

The SS Plan consists of a motel-type high-rise building that would be surrounded by a wire fence.

It would be known as a jail. There would be four beds to a room, no TV, no phones of any kind, with austere but clean conditions. The stigma of going to jail would help responsible citizens avoid driving while under the influence and use a designated driver or a taxi cab. A first-time DUI sentence would be three days in jail; second offense, seven to 10 days, etc.

Can you imagine the reaction of family members having to admit, "Daddy's (or Mommy's) in jail!"

Are mandatory jail terms a threat? Yes.

Your comments would be appreciated. Write: 2 Wharfside St., 2A, Charleston, SC 29401. At the same time, keep in mind these sobering facts:

--In the U.S., someone is killed in an alcohol-related accident about every 30 minutes.

--Roughly one-third of all drivers arrested or convicted of driving while intoxicated or driving under the influence of alcohol are repeat offenders.

--There were 13,470 drunk-driving traffic deaths last year in the U.S.

Some of the other "worst" states in percentage of fatalities involving a drunk driver: Montana, Hawaii, Texas, Louisiana, New Hampshire, North Dakota, Connecticut and South Dakota.

These states are reported as the "best" in low percentage of drunk-related deaths: Utah, Kentucky, Nebraska, North Carolina, Alaska, Maine, New York, Georgia, Indiana and Iowa.

George Spaulding is a retired General Motors executive and distinguished executive-in-residence emeritus at the School of Business and Economics at the College of Charleston.

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I like this article written by Janice Kopaunik.  She seems to be looking for a solution to the problem, not just complaining about it.  She makes some really good observations.

• Does heavier punishments work? 
  
  • If you have been drinking, do you really rationalize the stiff punishments and fines?
• "Punitive laws will do little to stop would-be-criminals when the punishment is already severe enough."
  • This is a great observation.  She recognizes that the consequences of a DUI are more severe than the ticket itself citing the loss of license, losing a job, etc.
• Janice then talks about a solution and looks for an effective strategy.   She looks at preventative measures like providing low cost and free rides at the expense of convicted drunk drivers.  In other words, Janice is suggesting that fines and fees that are paid to the court should be used to fund ways of getting people home safe.

I applaud Janice's article in looking for a solution rather than creating a punishing society with no end in site for this problem.
Cabs should drive drunks home for free
By: Janice Kopaunik
Issue date: 12/3/07 Section: Opinion

How do you spot a drunken driver? Look for someone on the road who is staring straight ahead, weaving between the lines and is possibly of college-student age.

The number of drunken drivers between the ages of 18 and 24 is on the rise -- 2.1 million admit to driving under the influence. This group is directly responsible for nearly half of alcohol-related, fatal car crashes. The Utah State Legislature is taking action to keep the roads safe, but how effective are its policies?

The penalties for DUI conviction are getting more strict. Lawmakers are moving to increase fines and possibly require community service for driving under the influence, but will heavier punishments even help the problem? How often do offenders get in their cars, thinking, "I'm drunk, but I can afford the fine. Let's do it!"?

Punitive laws will do little to stop would-be criminals when the punishment is already severe enough. Drunken driving ruins the lives of offenders and victims alike. The consequences for drunken driving are more severe than the ticket imposed, especially for the victim. Jail time and a revoked driving license can cost a job and livelihood for many. Still, people choose to get behind the wheel after they have been drinking. A stricter punishment will do little to stop them.

A more effective strategy for state lawmakers hoping to effect a positive change would be to focus efforts on preventative measures to curb drunken driving. Giving party-goers and club-hoppers other options before they get into their cars can make a world of difference. A call to a designated safe driver is not the only, or even most effective, option. If it were, drunken driving wouldn't be a problem.

A safer solution would be to offer low-cost and free rides at the expense of convicted drunken drivers. Although an expensive option, this system would be extremely effective in keeping our roads and families safe. The people already demand this type of service. When companies such as law offices offered to pick up the cab tab as a promotional device during past holiday seasons, the cab dispatch phones rang off the hook. Wait times have reached five hours.

If the Legislature chooses to increase fines for driving under the influence, these funds should directly support measures that prevent driving drunk. State-funded programs aimed at free or discounted cab rides would effectively keep drunken drivers off the road, more so than any fine would. It could save a life.

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You don't see to many sobriety check points in Utah anymore.  The constitutionality of the checkpoints have been brought into question and outlawed in many states.  The procedure involves directing traffic off the road and checking the drivers for alcohol.  Now what the officers do to get around constitutionality problems, is do saturation patrols.  A bunch of officers get together and saturate an area, which is usually around the bar areas, and look for any minor reason to pull citizens over to check them for alcohol.  Here is a news video that shows Office Davenport pull a man over for driving "under" the speed limit and investigating him for alcohol.  The man was just barely over the legal limit after the officer had him blow hard into his hand held portable breath tester.  He tells the man from what he sees that the man is too impaired to drive.  The problem with this is that the studies regarding field sobriety tests say that if you see the minimum clues of impairment, the person should be over a .10 in a breath alcohol result.  In this video, the officer gets a result of .09.  This brings in the officer's credibility at issue as to whether he really saw clues or did he just smell alcohol and concluded impairment.  He finds something in the man's pocket and assumes it is Heroin, when in reality it was a roach for marijuana.  Surly an experienced officer such as Davenport could tell the difference.

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On August 12, 2007, I wrote a little bit about the Source Code that the manufacturer is refusing to let anyone see.   A Defendant has a right to see and challenge the evidence against him or her.   This issue is being heavily litigated in Florida.  Apparently, CMI Inc., the manufacturer, said we are not providing the source code and we are going to disobey a court order to produce the source code.  Click this link to see the order.

The highlight of the order is that CMI is being fined $3200 for every day they do not comply with the order.

Makes you wonder what are they hiding.  Is their multi-million dollar company going to be exposed as convicting innocent people?  Again, it sure seems odd that people who swear up and down that they had very little to drink fail the breath test in a big way with really high numbers.

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Many times, clients ask me how the intoxilyzer determines their blood alcohol content. I try to explain the mechanics of it, the theory of it, and the science of it. The problem is that the manufacturer of the machine, CMI Inc., will not release the source code of the software in the machine. For all we know, the machine generates random numbers that essentially say you are guilty. It is interesting that many people will swear up and down that they only had one or two drinks. When they take the test, they end up being way over the limit. There are some serious questions about this machine. Why would the manufacturer be afraid of releasing the source code? Their argument is that it is copyrighted. I can see that argument, but they will not release the source code even under a protective order that will prevent the code from being released to anyone else and can only be used for analysis. Maybe CMI is afraid that their conviction machine will be revealed for what it is, a box that makes them money and convicts innocent people.  This machine uses a processor like computers do.  However, it is not state of the art.  The processor is the Z80 chip.  This processor was used in the Atari that I played with 30 years ago.  Here's a story about litigation over that source code.

• What is source code and why would you want it? Breathalyzers are basically computers with blow holes, and the source code is what makes them run. That source code is what sends people to jail. The defendants in these cases simply want a good look at their accuser. As Underdahl's lawyer said, "for all we know, it's a random number generator."

Breathalyzers Come Under Fire in Court

Posted Aug 10th 2007 2:59PM by Terrence O'Brien
Filed under: Car Tech
Breathalyzers Come Under Fire in CourtSome while back, certain residents of Florida charged with DUI managed to get a court to hand them over the source code of the breathalyzer that had "proven" them to be drinking and driving. Now, in another victory for drunks everywhere, Dale Lee Underdahl of Minnesota has filed a similar petition and won.

What is source code and why would you want it? Breathalyzers are basically computers with blow holes, and the source code is what makes them run. That source code is what sends people to jail. The defendants in these cases simply want a good look at their accuser. As Underdahl's lawyer said, "for all we know, it's a random number generator."

The breathalyzer in question in Underdahl's case is the Intoxilyzer 5000EN, built by CMI, one of nearly a dozen manufacturers of devices used by law enforcement. CMI's Intoxilyzer is used in more than 20 states. What's frightening is that the 5000EN is apparently based on the ancient Z-80 processor, which powered the Radio Shack TRS-80 desktop computer ... which went on sale in 1977. CMI has also been accused of making uncertified changes to the machines, and had to issue a recall due to faulty software.

In other words, Underdahl may be on to something. But to be on the safe side, maybe next time he should just call a cab.


Judge tells breath-test maker to release code
By TODD RUGER

todd.ruger@heraldtribune.com
SARASOTA -- The company that manufactures the state's drunken-driving breath-test machines must turn over the computer code that runs the machines or face stiff fines, a county judge has ruled.

Defense attorneys have argued that having their experts examine the Intoxilyzer 8000's "source code" is the only way to ensure the machines correctly calculate a driver's blood-alcohol content.

The Intoxilyzer 8000's first glitch was discovered in April, a month after it was implemented, when state officials realized it failed in certain situations. The state then upgraded the software in machines across the state.

In Manatee and Sarasota counties, more than 32 DUI cases are delayed because Kentucky-based CMI Inc. has not responded to a subpoena ordering the company to turn over the source code for the Intoxilyzer 8000, Sarasota County Judge Kimberly Bonner wrote.

"The failure of CMI to comply with this court's subpoena has created a tremendous backlog of cases," Bonner wrote.

The judge found the company in contempt and gave it 20 days to turn over the source code or it will be fined $3,200 per day, or $100 per case that cannot move forward in the case. Other cases not covered in the ruling are affected as well, the judge wrote.

The company has said that the code is a trade secret. It did not respond to the Sarasota County case, but took the issue to the Daviess District Court in Kentucky.

A judge there quashed the subpoena for the source code. But Bonner said that order has no jurisdiction over Florida courts.

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People often ask me what to look for when hiring a lawyer to defend their DUI. Generally speaking, there are six things that a person should see in a lawyer. Look for a specialist, someone who focuses on your type of case, and someone who has experienced and is trained in this area of the law. It has been said that DUI cases are the most complex type of cases because of the science and the intricate facts that surround a DUI case. That being said, if you had to have brain surgery, you would not go to a family physician. You would seek out the best surgeon you could find. Here are the five things I think a person should look for in an attorney.

Associations: The National College of DUI Defense is an association that provides the most advanced training in defending a DUI. The best attorney’s from around the nation are members of this organization and help train other attorney’s in this specialized field. Your attorney should be an active member of this organization and it will give you a good clue that the attorney knows how to properly defend a DUI. The attorney should also be a member of his local Criminal Defense Association (i.e. Utah Association of Criminal Defense Lawyers). The attorney should also be a member of the National Association of Criminal Defense Association. The attorney should also have formal training in trial work such as the Trial Lawyers College so they have not only been trained in the knowledge but also in the presentation.

Experience: Ask questions about how long the attorney has been representing citizens accused of DUIs. Ask the attorney how many trials they have done that relate to DUI. Ask the attorney about suppression hearings they have done.

Case Load: You want to determine if the attorney is just a dump truck that takes your case, takes your attorney fee, and then walks you in and says there is nothing we can do, just plead guilty. I try to keep my case load between 30 to 50 clients. It does no service to a client if the attorney is just running around on 200 cases trying to do a volume business. Try to decipher if the attorney has the time to think about your case, or just wants your money. Sometimes you can decipher this by what they charge. If the attorney charges your $500, you can expect a $500 job. To properly defend a case, be prepared for a couple of thousand.   Remember, you get what you pay for!

Practice Focus: Determine what percentage of their practice is focused on DUI. Are they a lawyer that does a run of the mill and is offering to do your bankruptcy, divorce, and personal injury case too? Look at where the attorney focuses his practice.

Accessibility: Determine whether you will be able to get a hold of your attorney. I provide my clients with all of my contact information including cell phone and email address. Most if not all clients, will receive contact back from within just a couple of hours, unless I’m in trial, then it would be the next day. 

How do You feel:  Finally, Determine how you feel about the attorney and if you trust the attorney.  Does the attorney sound like a salesman, or is he really interested in your case. Does he ask you in-depth questions about your case and answer your questions?

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In Utah, a citizen can be charged with DUI without being impaired and without being over a .08 blood/breath alcohol level. It’s called driving with any measurable amount of a controlled substance in the body. In fact, the controlled substance does not even have to be found in your body, it can be a metabolite of the controlled substance. A metabolite is defined many ways but basically means the “end product, or by-product of another compound.” A metabolite can hang around in your system for days or even weeks after consumption.  It is the remnant of a drug and the affects are not necessarily impairing.  It just says you consumed drugs at some time, not that you are on drugs right now.

Prescriptions:  Here’s the problem. Many people get a headache and ask someone for a pill to help it out. Your friend gives you something stronger than your ibuprofen. The friend offers you something that she got with her last prescription. You can now be charged with DUI because you have a controlled substance in your body and you don’t have a prescription for it. It is a defense that the controlled substance was: (a) involuntarily ingested by the accused; (b) prescribed by a practitioner for use by the accused; or (c) otherwise legally ingested. See Utah Code Ann. 41-6a-517.  Therefore, if you do not have a prescription for whatever is in your body, you can be charged with a DUI.  Do not misunderstand me.  Even though you have a legal prescription, you still can be charged with DUI if the effects of the prescription are impairing you to the degree that you cannot drive safely.

Illegal Drugs:  Another problem is that my clients come in and say “I haven’t smoked pot for weeks, how can they charge me with DUI. I wasn’t impaired in any way.” This is where the metabolite comes in. If the remnants of the drug stay in your body and the police find it through a blood or urine test, you can be charged with DUI.

Legal Over-the-Counter Drugs:  Many people think that because they took a legal over-the-counter drug, they will not be charged with DUI.  Many clients tell the officer that they just took some cough syrup as an excuse for their drowsy driving.  Understand, if there is any drug, legal or non-legal, that is impairing you, you can be charged with DUI.  I have defended my share of NyQuil and Robitussin DUIs.

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