Drug-Impaired Driving in Florida: What You Need to Know About DUI Drug Charges
While the common man generally associates DUI charges with alcohol, the Florida law also prohibits driving while impaired by drugs, which can include illegal drugs, prescription drugs, and even some over-the-counter drugs. Drug-impaired driving cases are on the rise, and they can be more complicated than alcohol-based DUI cases.
What counts as a drug DUI in Florida?
According to Florida law, a driver can be charged with DUI if he or she is impaired by:
- Illegal drugs such as marijuana, cocaine, and methamphetamine
- Prescription drugs such as opioids, benzodiazepines, and sleep aids
- Over-the-counter drugs such as antihistamines and cold medicines
There are no “per se” limits for most drugs, unlike alcohol-based DUI cases. Prosecutors must show that the drug impaired the driver’s normal faculties.
How police investigate drug-impaired driving cases
Drug-related DUI investigations can vary considerably from alcohol-related cases. For instance, law enforcement can use:
- Observations of driving
- Field sobriety exercises
- Statements from the offender
- Drug Recognition Expert assessment
- Blood and/or urine analysis
Field sobriety tests were designed primarily to identify alcohol use and may not effectively identify drug use due to fatigue, anxiety, and/or medical problems and injuries.
Drug testing challenges
Unlike the breath tests for alcohol use, drug tests usually require blood and urine samples. These samples have unique legal and scientific problems. These tests can:
- Detect non-impairing metabolites
- Measure past use instead of impairment at the time of driving
- Be influenced by improper collection and storage
Also, the use of legal drugs does not necessarily mean impairment. Many individuals use prescription drugs daily without impairment in driving ability.
Penalties for drug DUIs in Florida
The penalties for a drug-based DUI are similar to those for an alcohol-based DUI. These penalties include:
- License suspension
- Fines and court costs
- DUI school
- Probation
- Community service
- Jail time in certain cases
Enhanced penalties can be imposed if there were prior DUI convictions, an accident occurred, bodily injury occurred, or a minor was a passenger in the vehicle.
Common defenses in DUI drug cases
Drug-related DUI cases offer a high likelihood of strong defenses. A DUI defense attorney can challenge:
- The legality of the traffic stop
- The reliability of field sobriety exercises
- The qualifications and opinions of a Drug Recognition Expert
- The accuracy and relevance of drug test results
- That the drug actually caused impairment
Since impairment must be proven and not merely the presence of the drug, these cases are based on subjective evidence that can be disputed.
Why legal representation matters
Drug-related DUI cases involve a great deal of legal and scientific intricacy. Prosecutors often have to rely on circumstantial evidence, which is why legal evaluation is crucial from the very beginning. An experienced DUI lawyer will be able to evaluate the test methods, dispute dubious results, and reduce or dismiss charges.
Talk to an Orlando, FL, DUI Lawyer Today
FL DUI Group represents the interests of Orlando residents who are facing DUI charges. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
