Is “Drugged Driving” A Crime in Florida?
Driving under the influence of alcohol is a crime in every U.S. state, seen as a crime against society rather than solely against individuals. Florida’s law is particularly serious, with jail time being a possibility even for first-time offenders. However, it is important to keep in mind that driving under the influence (DUI) applies not only to alcohol, but to illicit drugs as well. The phrase “drugged driving” does not appear in Florida’s laws, but it is very much a crime, and can be punished accordingly.
DUI Can Involve More Than Alcohol
Florida’s statute governing driving under the influence explicitly says that the law applies to alcohol and “any substance controlled under” the relevant statute if the person’s “normal faculties are impaired.” Controlled substances are those that are illegal to possess, either in general, or without a prescription from a licensed medical professional. In other words, if you have used illegal drugs and then driven a vehicle while visibly impaired, this is a crime, just as it would be if someone got behind the wheel drunk.
Many people are simply unaware of this, either because they do not use these types of substances, or because they believe they have greater control than they actually do when behind the wheel. This is particularly true of younger people – in one study, roughly 3.5 million people between ages 16-25 admitted to driving while high in the past year. Unfortunately, driving while high is simply not seen as particularly dangerous by a subset of individuals.
What Do I Do?
If you have been arrested and charged with driving while using drugs, the ensuing legal process will be almost identical to one for an alcohol-related DUI. Potential penalties are the same, ranging from fines to license suspension to jail time. It may be possible to receive probation instead of jail time, but only if certain specific criteria apply. Long-term consequences, such as having a DUI on one’s criminal record, may also play a role if you are convicted.
As one might imagine, the best way to avoid such a thing is to enlist the right attorney to help you avoid conviction. It is possible to assert a defense – for example, arguing that the traffic stop was conducted improperly, or that there was a flaw in the drug test. Every case is different, but in general, one’s odds of being found not guilty will always be better with a knowledgeable attorney on your side.
Contact A West Palm Beach Drug Offenses Attorney
In general, driving while under the influence is never necessary, with rare exceptions. If you have driven a vehicle while under the influence of drugs, you have the right to your day in court, and with a West Palm Beach drug offenses attorney on your side, you can be sure your rights will be protected. Call the firm of Perlet & Shiner, P.A. today to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2021/316.193
