Legal Definitions - under the influence

Under the Influence

The phrase "under the influence" describes a condition where an individual's capacity to safely and competently perform a specific activity is impaired, to any degree, as a direct result of consuming alcohol, drugs, or a combination of both. This impairment can affect a person's physical movements, reaction time, coordination, judgment, or mental clarity, making them less capable of carrying out the task without risk.

• Example 1: Workplace Safety

  Imagine a construction worker operating a crane on a busy building site. If this worker has consumed alcohol or drugs that slow their reflexes, impair their depth perception, or reduce their ability to focus, they would be considered under the influence. Their compromised state makes it unsafe for them to operate heavy machinery, posing a significant risk to themselves and others on the site.

• Example 2: Professional Responsibility

  Consider a surgeon preparing for an operation. If the surgeon has taken medication that causes drowsiness, tremors, or affects their concentration, they would be deemed under the influence. Even if the medication is legally prescribed, if its side effects diminish their fine motor skills or critical decision-making abilities, they are not fit to perform surgery safely and competently.

• Example 3: Recreational Activity

  Suppose a person is piloting a small private plane for a recreational flight. If they have consumed alcohol or drugs that impair their judgment, coordination, or ability to interpret instruments, they are flying under the influence. Their diminished capacity to safely control the aircraft and react to changing conditions creates a serious hazard, even if no accident occurs.