Florida Drugged Driving Laws


Not only can you get a DUI in Florida for driving under the influence of alcohol, but you can also be charged with driving un the influence of drugs (DUID). According to state law, if a driver operates or has physical control over a vehicle while his/her normal faculties are impaired by controlled substances or harmful chemicals, then he/she will be charged with a DUI. 

While you can get a DUI for driving a vehicle under the influence of an illicit drug like cocaine, heroin, or even cannabis, many people do not realize they can also face criminal charges for driving under the influence of prescription medication. Many prescription drugs have the same effects similar to alcohol – such as drowsiness, impairment of motor skills, and delayed responses – or even worse. 

Unlike alcohol, however, there is no legal limit for driving under the influence of drugs. After arrest, you will be required to take either a blood or urine test to detect any presence of controlled substances, according to Florida’s implied consent law. 

Similar to an alcohol-related DUI, a first-time DUID is a misdemeanor that carries a maximum jail term of six months, license suspension for up to one year, and a fine of up to $1,000. Refusing to submit to a post-arrest chemical test is also a misdemeanor, punishable by a jail sentence of up to one year. 

Keep in mind, DUID cases can be more challenging for the prosecutor to prove compared to alcohol-related DUI. For example, even though a chemical test may show the presence of drugs in a person’s system, it does not prove when the driver ingested the drug or if the drug affected his/her driving ability. If a drug recognition expert is not called to the scene, the prosecutor may find it hard to prove a correlation between certain symptoms and a specific drug. A skilled criminal defense attorney can help develop an effective and personalized defense for such a situation. 

If you have been charged with DUID in Miami, do not hesitate to reach out to the Law Office of Armando J. Hernandez, P.A. to help you avoid serious criminal penalties like jail time or even a criminal record. Contact us today at (305) 400-0074 for a free consultation.