Impaired driving frequently involves alcohol. To many people, driving under the influence charges are synonymous with drunk driving. While it is true that a significant percentage of the DUI cases prosecuted in Florida involve alcohol, not all of them do.
Some people face criminal prosecution because of drugs rather than alcohol. Prescription medications, over-the-counter remedies and street drugs can all affect a driver’s ability to safely operate a motor vehicle. The law prohibits the operation of a motor vehicle while under the influence of any mind-altering substance. People accused of drugged driving may need to learn more about state law in order to respond effectively to their charges.
The charge is the same regardless of the substance
Florida does not actually have a separate statute for drugged driving. The same basic DUI rules apply regardless of what mind-altering substance an individual consumed.
The charges and possible penalties are the same regardless of whether police officers accuse someone of driving while on opioid pain medication or after having one too many beers. A first DUI conviction can lead to up to $1,000 in fines, six months of imprisonment and a year-long driver’s license suspension. The penalties increase with subsequent charges or when there are aggravating factors, such as injury to others.
Defense options differ in drugged driving cases
Developing a defense strategy for drunk driving charges can involve an analysis of the state’s evidence. Defense attorneys can raise questions about breath test results or provide a medical explanation for surprising test outcomes. The goal may be to prove that a driver was not actually over the legal limit for their blood alcohol concentration (BAC).
Similar tactics generally don’t work in drug-related DUI cases. The state does not have legal limits for substances other than alcohol. Visible impairment or detectable amounts of mind-altering substances other than alcohol can be adequate justification to bring DUI charges.
That being said, those accused of drugged driving could raise questions about whether they were actually under the influence. Some drugs show up in tests days or even weeks after people consume them. There could have been mistakes made during testing. Questioning the legality of a traffic stop could be another viable defense strategy in a drugged driving case.
There are a variety of defense strategies available to those facing drug-related DUI charges. Learning more about state rules can help people plan the best defense strategy given their unique circumstances.