Driving Under the Influence of Drugs in Florida

Drunk driving and how it is responsible for serious and even a lot of fatal car accidents is discussed a lot in the media and elsewhere, however, there is very little mention about people driving cars under the influence of drugs, which as common a problem in all the states, including Florida.

It may come as a surprise to many people but around one-third of drivers who fail the DUI tests in Florida are also under the influence of illegal drugs. The incidence of drugged driving between 2010 and 2011 rose by 60%, while the number of fatalities rose by 80% in the same period

In Florida, the use of marijuana is legal only for medical use and not for recreational use; however, this does not mean that people do not use the drug illegally. It should also be appreciated that drugged driving is not restricted to just marijuana but also to many prescription drugs that can affect the ability of people to drive cars properly. Unfortunately, the statues in the state of Florida do not explicitly define what it drugged driving and consequently, specific penalties for driving vehicles in a drugged condition are also not defined.

Understanding Drugged Driving

According to the prevailing law, you can be convicted of driving “under influence” if you are in actual physical control” of a vehicle while under the influence of “controlled substances” or certain “harmful chemicals.

The term “under the influence” means that the mental or physical abilities of the driver have been negatively affected due to the consumption of drugs. However, unlike alcohol intoxication that can be measured by finding out the amount of alcohol in the blood, there is no specific measurement defined for the influence of drugs on human beings.

By the term “actual physical control”, it means that the driver is capable of operating the vehicle. To get a DUI ticket, the driver may be in or on the vehicle but it is not necessary that he has to be driving it to get penalized.

Florida has an extensive list of “controlled substances”, which includes marijuana, cocaine, heroin, and methamphetamine, as well as numerous classes of prescription drugs like hallucinogens, opiates, stimulants, opioids, cannabinoids, and benzodiazepines.

The law defines “harmful chemicals; as substances that produce a high when people inhale them. Chemicals like nitrous oxide, acetone, toluene, and isopropyl alcohol are included in this list.

Is Marijuana Unsafe?

Marijuana is generally held to be a harmless drug, however, if there is no proof that smoking or ingesting marijuana has ever resulted in death, for sure, it can affect the judgment of a persona negatively and slow down his responses. This is the reason why driving after using marijuana is hazardous. In the three years between 2007 and 2010, the number of people arrested for impaired driving who had tested positive for marijuana use in Montana doubled.

There is a growing opinion that Florida urgently needs to define and adopt a standard for DUI drug testing. Oral fluid testing, which is simple and cost-effective is currently in use in 14 states of America.

Seek Legal Assistance If You or a Loved One Has Been Injured In a Drugged Driving Incident

The state of Florida bundles drugged driving under DUI laws since it does not have a separate law to address the issue. Even though drugged driving is a very serious issue, nothing has been done to rectify the state legislation to protect innocent people from being injured or losing their lives due to this menace.

In case if you or your loved one has been injured due to a driver driving under the influence of drugs, you should contact Lavalle, Brown, Ronan & Schwencke, P.A., among most experienced personal injury law firms in Boca Raton with a history of over 45 years. Their skilled auto accident attorneys have the competence to assist you to meet your legal needs. Call today!