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“Drugged Driving” Under Florida Law

The penalties for driving under the influence of drugs (DUID), or “drugged driving,” are similar to those of drunk driving in Florida, but it is important to note the key distinction between them: controlled substances and alcohol are tested or sampled in two completely different ways. Understanding these nuances is crucial as they affect the defense strategies and outcomes of these cases. For instance, the law's interpretation of impairment by drugs is more subjective, relying often on observational evidence.

Just like drunk driving, drugged driving is a crime in the state of Florida. Contact our Jacksonville drug DUI lawyers at First Coast Criminal Defense by calling (904) 474-3115!

Under Florida Statute 316.193, a person is guilty of DUI if they drive under the influence of alcohol or any chemical substance that can impair normal faculties. This includes the ability to conduct day-to-day physical and mental activities such as walking, speaking, listening, seeing, and making judgments. Knowing this is vital, as failing these faculties can have severe legal repercussions, including jail time, fines, and license suspension.

Proving a DUID in Florida

Due to the nature of how controlled substances affect the body, there are some complications when proving DUID. For example, there is really no accurate way to test the amount of the drug in a person’s system. Additionally, the timeframe in which individuals consumed certain substances can significantly alter how impairment is evaluated. In court, these factors create substantial challenges for prosecutors who must prove impairment beyond a reasonable doubt.

Driving Under the Influence of Recreational Drugs in Florida

Since the legalization of marijuana, lawmakers are finding new ways to calculate THC levels in the blood. However, marijuana levels build up if you are a regular user; it also does not produce increased levels of THC when the substance is ingested. Therefore, it is extremely difficult to calculate. Legal complexities arise, especially concerning what constitutes impairment, making defense often centered around these scientific ambiguities.

Some of the most common recreational drugs include:

Marijuana
Cocaine
MDMA (Ecstasy)
Methamphetamine
Ketamine

Driving Under the Influence of Prescription Drugs in Florida

Substances that are prescribed can also cause damage to your physical and mental capabilities. Holding a valid prescription from your doctor does not excuse drugged driving, and you could potentially be arrested for DUID if the substance has impaired your driving abilities. This understanding is crucial, as many drivers mistakenly assume prescription legality provides immunity from DUID charges.

Some of the most common prescription drugs include:

Xanax
Oxycodone
Adderall
Methadone
Vicodin

If an officer suspects impairment or witnesses evidence of drug use, you could be arrested for DUID. This is true even when the impairment is caused by a prescription medication. Therefore, understanding your medication's effects and discussing them with a legal professional can be a critical step for defense.

If you are facing charges for a drug DUI in FL, contact our Jacksonville drugged driving lawyers! Our attorneys are ready to defend you!

Marijuana DUIDs Are Difficult to Convict

1. No Standard Test for Testing Marijuana Impairment

Police forces across the country have yet to identify a test that can undoubtedly prove someone’s inability to drive while stoned. Research proves that a person’s reflexes are hindered by smoking marijuana, but someone who is high can potentially pass sobriety tests despite being under the influence. Therefore, there is no legal standard for testing someone’s impairment while high. This lack of standardization leads to inconsistencies in what is deemed impairing, complicating prosecutions significantly.

2. No “Illegal Limit” for Marijuana & Driving

Police will test people’s blood alcohol content (BAC) to prove they were intoxicated while driving. If someone’s BAC is over the legal limit of 0.08%, they will most likely be charged for a DUI. However, there is no “legal limit” for smoking weed and driving. In contrast, individuals might face charges based on varying interpretations of impairment, influencing case outcomes dramatically.

In certain circumstances, the police can draw blood to show that someone was driving while stoned; however, prosecutors have a hard time connecting THC levels and marijuana DUIDs. Why? Because THC can show up in blood tests days after smoking weed. Therefore, prosecutors can’t prove that the THC in your system meant you were high at the time of your arrest. This introduces a layer of scientific uncertainty, impacting the strength of evidence available.

3. Impairment Is Not Provable

Prosecutors have a hard time proving that people are high when they drive due to the two points mentioned above. If cops don’t have a way to test someone’s level of impairment, and if labs can’t prove impairment using THC counts, what evidence do prosecutors have to prove guilt without a reasonable doubt? The reality: they often can’t! This underscores the importance of quality legal representation to dissect these scientific and legal complexities.

Local DUID Challenges in Jacksonville

Jacksonville faces unique challenges when it comes to DUID cases, in part due to its diverse population and widespread urban areas. The city's law enforcement has implemented specific measures to tackle increased instances of drugged driving, especially in neighborhoods that see higher levels of nightlife activity. This localized focus means that DUID enforcement can differ from other areas of Florida, impacting how cases are approached in court.

In addition, local campaigns and educational programs aim to raise awareness about the dangers and legal implications of drugged driving. These initiatives focus on reducing occurrences by educating drivers about the specific substances that can impair their ability to drive safely. By understanding local efforts and challenges, individuals can better navigate the complexities of DUID charges with informed legal assistance.

Florida Drug DUI Penalties

First Offense Drugged Driving

In Florida, a first-time DUID charge is a second-degree misdemeanor. A conviction can result in up to six months in jail, 12 months of probation, a minimum of 50 hours of community service, a drug-abuse evaluation, DUI school, license suspension for up to one year, and up to $1,000 in fines.

Second Offense Drugged Driving

In Florida, a second DUID offense is considered a first-degree misdemeanor. A conviction can result in up to nine months in jail (with a 10-day mandatory minimum sentence for offenses within five years of each other), a maximum five-year license suspension, up to $2000 in fines, installation of an ignition interlock device, vehicle impoundment, community service, DUI school, and court fees.

Third Offense Drugged Driving

In Florida, a third DUID offense will generally be charged as a felony. If convicted within 10 years, you will face up to five years in prison, up to $5,000 in fines, and license revocation for at least 10 years.

Call Jacksonville Drugged Driving Lawyers for Help

A DUID conviction can have long-lasting and serious consequences. A Jacksonville drug DUI attorney from First Coast Criminal Defense can help protect your rights and fight for a favorable outcome. Being well-versed in Florida’s complex legal landscape is essential in strategizing a defense that aligns with your unique situation.

Need a DUID defense that makes a difference? Call (904) 474-3115 now for a free consultation with our Jacksonville drug DUI lawyers.

FAQ About DUID in Jacksonville

What Are Common Defenses Against DUID Charges?

Defending against a DUID charge may involve questioning the validity of the drug test results, the procedures used during the arrest, or the condition of the testing equipment. Legal defenses can also address the reliability of witness statements and challenge the assessment of impairment made by law enforcement officers. Each defense is tailored to the specifics of the charge, and a lawyer can help develop a strategy based on the unique elements of your situation.

How Does Florida Law Define Drug Impairment?

Florida law considers a person to be impaired by drugs if their normal faculties are diminished due to substance use. This includes their ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, and perform the mental and physical acts of daily life. This definition emphasizes observable impairment rather than quantifiable metrics like blood concentration levels, which are more challenging to determine for substances compared to alcohol.

What Should I Do If I'm Arrested for DUID?

If you are arrested for DUID, it is crucial to remain calm and cooperative with law enforcement. Refusing to provide a breath, blood, or urine sample could potentially result in additional penalties. Documenting everything you remember about the arrest, including the events leading up to it, interactions with law enforcement, and any testing procedures, can be highly beneficial for your defense. Contacting a legal professional promptly will help ensure your rights are protected while navigating the complexities of a DUID charge.

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