DUI Drugs in Florida: What You Should Know
Almost all DUI cases in Florida involve alcohol intoxication. However, state law also makes it illegal to operate a vehicle while impaired by any controlled substance or chemical substance, including prescription medications and illicit drugs. Marijuana may be the most common driver impairment substance. Prescription painkillers and over-the-counter medicines, such as NyQuill, are near the top of the list as well.
Significantly, it’s not a defense to DUI-drugs that the defendant had a prescription or otherwise acquired the drugs legally. Driving while impaired is still illegal.
The cause of impairment may be different. But as outlined below, DUI-alcohol and DUI-drug cases are similar in many respects. Perhaps most significantly, the same basic defenses are available in both kinds of cases. So, a Tampa criminal defense lawyer typically uses the same proven methods to obtain good results in both DUI-alcohol and DUI-drug cases.
Florida’s DUI Drug Law
Under Florida Statute §316.193, a person may be charged with DUI if they are driving or in “actual physical control” of a vehicle while impaired by alcohol, drugs, or a combination of both. For drug-related DUIs, there is no set legal limit like the 0.08 BAC standard for alcohol.
There’s no Breathalyzer test for drugs. Additionally, at best, a blood test only proves that drugs were in a person’s system. A blood test doesn’t prove the defendant was under the influence of those drugs.
How Police Investigate a Drug-Related DUI
Instead, the issue is whether the substance impaired a person’s normal faculties, such as judgment, coordination, balance, reaction time, and ability to safely operate a vehicle. Since prosecutors must use circumstantial field test evidence to establish this point, DUI-drug cases are inherently weaker than DUI-alcohol matters. This circumstantial evidence usually includes:
- Driving Behavior: Impaired operators often drive erratically. They cannot maintain a single lane, ignore traffic control devices, or drive well below the speed limit. This evidence doesn’t prove impairment, but it gives officers an excuse to investigate.
- Physical Symptoms: Many drugs cause physical symptoms like dilated pupils, slurred speech, and general confusion. Once again, these physical symptoms don’t conclusively prove anything. But erratic driving combined with physical symptoms probably isn’t a coincidence.
- Field Sobriety Tests: The three approved FSTs, the primary evidence in a DUI-drug case, have serious issues. The DUI eye test is a good example. Substance impairment isn’t the only cause of eye nystagmus (lazy eye). In fact, it’s not even the leading cause. For these reasons, these test results are often only admissible for limited purposes.
So-called DREs (drug recognition experts) often testify for the state in an attempt to close the deal. But a DRE is usually a police officer who attended a few police-sponsored seminars. These individuals aren’t “experts” in the ordinary sense of the word.
Penalties for DUI Drugs in Florida
If the case holds up in court, and that’s a big “if,” the penalties for DUI drugs are generally the same as for alcohol DUIs. For a first offense, you could face:
- Up to 6 months in jail,
- A fine between $500 and $1,000,
- Drivers’ license suspension of 6–12 months,
- Probation and community service, and
- Mandatory DUI school.
Penalties increase for repeat offenses, DUIs involving property damage or injury, or cases with minors in the vehicle. A collision with serious bodily injury or multiple prior convictions usually elevates misdemeanor DUI charges to felony charges.
Count on a Savvy Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Virtual, home, and jail visits are available.
