Drug DUI Attorney Jacksonville, FL
"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.
Under Florida Statue 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.
Proving a DUID Case 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. In addition, Florida does not have a per se limit for DUID – only for alcohol. Therefore, without this specification, it is harder to convict drivers for DUID - whether the drug was legal or illegal.
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.
Some of the most common recreational drugs include:
- MDMA (Ecstasy)
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.
Some of the most common prescription drugs include:
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.