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Driving under the influence of drugs may be on the rise

Police awareness leads to more arrests in Sidney; prosecution of DUID cases remains difficult

If you hit the road while drunk, you're likely to lose your license. If you hit the road while high, you might not.

Although reports in Cheyenne County of driving under the influence have dropped compared to last year, incidences of driving under the influence of drugs have risen sharply, said deputy Cheyenne county attorney Jonathon Stellar.

In 2012, from January to July there were 23 DUI stops in the county and no DUIDs. This year, from January to June 19 there have been 19 DUIs and six DUIDs. Stellar believes some of this can be contributed to the legalization of marijuana in Colorado and illegal trafficking of the drug across the border into Nebraska.

In Nebraska, DUIs are much easier to prosecute than DUIDs. Because of the state's implied consent law, if someone gets pulled over for a DUI and is asked to take a chemical test to prove their impairment, they must comply or face a fine and automatic license suspension. The same rules do not apply if a driver is pulled over and suspected of DUID. This person can refuse a chemical test with no consequences, Stellar explained.

As a result, eventual prosecution of DUID cases becomes difficult. If the suspect refuses the chemical test, there is no physical evidence.

Sidney police chief Joseph Aikens is not certain that the increase in DUIDs this year is associated with the legalization of marijuana in Colorado.

"I don't attribute it to more drug usage, I attribute it to our officers being more aware," Aikens said.

Over the last few years Sidney police worked to hone their detection skills. The office also obtained new technology and better testing methods to identify those who drive under the influence of drugs, Aikens said.

"As officers get more identifying experience, the numbers increase," he pointed out.

Sidney's drug recognition expert, Curtis Hoffrock, has close to five years of drug recognition experience.

Although Aikens doesn't think the upswing in DUIDs this year is because of marijuana legalization, Sidney police are seeing more of the drug crossing the state border.

"There's a misconception that if it's legal in one state, it's legal in other states," Aikens said.

He wants people to know that what goes in Colorado should stay on the other side of the border.

"It's illegal and if we catch you, you're gonna get arrested for it," he said.

 

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