Understanding the Evidence Used Against You and How to Protect Your Rights

Driving under the influence of drugs, also known as drugged driving, is a serious charge in Florida. While most people are familiar with DUI involving alcohol, drug-related DUIs can be even more complex. If you're facing drugged driving charges, it's important to understand how law enforcement builds a case against you and the methods they use to prove impairment. As someone who defends clients accused of drugged driving, I know how these charges work and the significant consequences they can carry. Let’s take a closer look at the process and legal issues involved in these cases.

What Is Drugged Driving in Florida?

Drugged driving is illegal under Florida Statutes Section 316.193, which covers driving under the influence (DUI). According to this statute, a person is guilty of DUI if they are driving or in actual physical control of a vehicle while under the influence of drugs or alcohol to the extent that their normal faculties are impaired.

"Normal faculties" refer to the ability to see, hear, walk, talk, judge distances, or react to emergencies. If you are impaired by any substance that affects your ability to perform these tasks, you could be charged with DUI, even if the substance is a legal prescription drug. Florida law doesn’t differentiate between illegal drugs like marijuana, cocaine, or methamphetamines and legal substances such as prescription medications or over-the-counter drugs.

How Do Law Enforcement Officers Detect Drugged Driving?

Detecting drug impairment in drivers can be challenging for law enforcement because, unlike alcohol, there is no "legal limit" for drugs that can be measured with a breathalyzer. Instead, officers rely on a combination of observations, field sobriety tests, and sometimes chemical tests to gather evidence of impairment.

Here are some key methods law enforcement uses to detect drugged driving:

1. Observations of Erratic Driving Behavior

One of the first things officers look for is erratic or unusual driving behavior. This could include swerving between lanes, failing to obey traffic signals, driving at inappropriate speeds, or engaging in other dangerous behaviors. These actions give law enforcement the reasonable suspicion they need to initiate a traffic stop.

During the stop, the officer will observe the driver for signs of impairment. These signs could include bloodshot eyes, slurred speech, confusion, or an inability to follow instructions. Officers are trained to look for symptoms of drug impairment that differ from alcohol intoxication, such as extreme drowsiness or hyperactivity, depending on the drug involved.

2. Field Sobriety Tests

After stopping the vehicle, officers will often ask the driver to perform a series of field sobriety tests (FSTs). These tests are designed to assess the driver’s balance, coordination, and ability to follow directions—skills that can be impaired by drugs.

Common field sobriety tests include:

  • The Horizontal Gaze Nystagmus (HGN) Test: In this test, the officer will ask you to follow an object with your eyes, usually a pen or flashlight, to observe whether your eyes jerk involuntarily. Nystagmus, or involuntary eye movement, can be a sign of impairment, especially when caused by depressants like alcohol or certain drugs.

  • The Walk-and-Turn Test: This test requires the driver to walk in a straight line, heel to toe, and then turn around and walk back. Officers will look for signs of imbalance, inability to follow instructions, or failure to complete the test as indicators of impairment.

  • The One-Leg Stand Test: In this test, the driver is asked to stand on one leg while counting aloud. If the driver wobbles, loses balance, or cannot complete the test, the officer may use these observations as evidence of impairment.

While these tests are standard, it’s important to note that field sobriety tests are subjective and can be influenced by factors other than drug use, such as fatigue, nervousness, medical conditions, or uneven road surfaces. This subjectivity makes it possible to challenge the results in court.

3. Drug Recognition Experts (DREs)

In cases where drug impairment is suspected, law enforcement may bring in a Drug Recognition Expert (DRE). DREs are specially trained officers who conduct a series of evaluations to determine whether a driver is impaired by drugs and, if so, which category of drugs may be involved.

A DRE evaluation typically includes:

  • Interviews with the driver
  • Medical checks for signs of drug use, such as pupil dilation, muscle rigidity, or an elevated heart rate
  • A review of the driver’s medical history
  • Coordination and cognitive tests similar to field sobriety tests

While DREs are used to strengthen the case for drug impairment, their conclusions are also subjective and can be challenged, particularly if their training or methods are brought into question.

4. Chemical Testing for Drugs

Unlike alcohol-related DUI, where breathalyzer tests are commonly used to measure blood alcohol content (BAC), there is no breath test equivalent for drugs. Instead, officers may request a urine or blood test to detect the presence of drugs in your system.

If you refuse to submit to chemical testing, you may face penalties under Florida’s implied consent law, including an automatic driver’s license suspension. However, even if a blood or urine test shows the presence of drugs, this does not necessarily prove impairment at the time of driving. Many drugs, including marijuana, can remain in your system for days or even weeks after use, long after their impairing effects have worn off.

5. The Role of Toxicology Reports

Toxicology reports from blood or urine samples can indicate the presence of drugs in your system, but these reports often fail to show the level of impairment. For instance, certain prescription medications may be found in your system at therapeutic levels, which are not enough to impair your driving ability.

Defending against DUI drug charges often involves challenging the toxicology reports and demonstrating that the presence of drugs does not equate to impairment. A skilled attorney can bring in medical experts to explain how the drug levels in your system may not have affected your ability to drive safely.

The Legal Challenges of Proving Drugged Driving

Proving drugged driving is much more complex than proving alcohol-related DUI. Florida law requires prosecutors to prove beyond a reasonable doubt that your ability to drive was impaired by the drugs in your system. Simply testing positive for drugs is not enough to secure a conviction.

Some of the challenges in proving drugged driving include:

  • No Legal Limit for Drugs: Unlike alcohol, where the law sets a BAC limit of 0.08%, there is no legal threshold for drug impairment. This means the prosecution must rely on subjective observations and chemical tests that can be difficult to interpret.

  • No Breath Test for Drugs: Breath tests are quick and easy for law enforcement to administer, but there is no equivalent test for drugs. Blood and urine tests are more invasive and take longer to process, often leading to delays in building the prosecution’s case.

  • Drug Residue in the Body: Many drugs can remain in your system long after their effects have worn off, making it challenging to prove when the drugs were used and whether they impaired your driving at the time of the stop.

How Hiring a Private Attorney Can Help Beat or Reduce the Charges

Facing drugged driving charges can be overwhelming, especially when law enforcement relies on subjective observations and chemical tests to build their case. Hiring a private attorney to defend you can make a significant difference in how your case is handled and the potential outcome. Here’s how:

1. Personalized Attention and Case Investigation

A private attorney can dedicate more time and resources to your case, conducting a thorough investigation of the evidence against you. This includes reviewing the procedures followed during your traffic stop, field sobriety tests, and chemical testing. By closely examining the details of your case, your attorney may identify procedural errors, inconsistencies in law enforcement reports, or faulty testing methods that can weaken the prosecution’s case.

2. Challenging Chemical Test Results

Chemical test results, such as blood or urine samples, are not foolproof. Errors in testing procedures, sample contamination, or even the presence of legally prescribed medications can lead to false or misleading results. A private attorney can challenge these results and work with toxicology experts to show that the drug levels found in your system did not impair your driving.

3. Disputing Field Sobriety Tests and Officer Testimony

Field sobriety tests are often unreliable and can be influenced by factors unrelated to drug impairment, such as anxiety, fatigue, or medical conditions. An experienced attorney can question the validity of these tests and challenge the officer’s observations. By doing so, they can cast doubt on whether your driving was truly impaired.

4. Negotiating a Reduction in Charges

In some cases, your attorney may be able to negotiate with the prosecution to reduce the charges against you. For example, if the evidence is weak or there were procedural errors during your arrest, the charges may be reduced from DUI to a lesser offense, such as reckless driving. A reduction in charges can result in lighter penalties and help protect your criminal record.

5. Mitigating Sentencing

Even if a conviction cannot be avoided, a private attorney can work to mitigate the penalties you face. This could involve negotiating for alternatives to jail time, such as probation, community service, or enrollment in a drug treatment program. By presenting mitigating factors, such as a clean criminal history or participation in rehabilitation efforts, your attorney can advocate for a more lenient sentence.

6. Protecting Your Driving Privileges and Criminal Record

A DUI conviction can result in the loss of your driver’s license and a permanent mark on your criminal record. Your attorney will work to protect your driving privileges by fighting the charges or negotiating for a hardship license that allows you to drive for work or medical purposes. Additionally, your attorney will focus on minimizing the long-term consequences of a conviction on your criminal record.

Florida Drugged Driving FAQs

Can I be charged with drugged driving if I have a prescription for the drugs in my system?

Yes. Even if you are taking legally prescribed medications, you can still be charged with drugged driving if the drugs impair your ability to operate a vehicle safely. Many prescription medications, including painkillers, anti-anxiety medications, and muscle relaxants, can cause drowsiness or slow reaction times, making it dangerous to drive. If you are found to be impaired by these drugs, law enforcement can charge you with DUI.

How does law enforcement test for drugged driving in Florida?

Law enforcement uses several methods to detect drugged driving, including field sobriety tests and chemical testing, such as blood or urine samples. However, unlike alcohol-related DUIs, there is no standard breath test for drugs. Officers rely on observations of erratic driving, physical symptoms of drug use, and the results of toxicology tests to determine if a driver is impaired by drugs.

Can I refuse a chemical test for drugs in Florida?

Under Florida’s implied consent law, if you refuse to submit to a chemical test (such as a blood or urine test), you can face immediate penalties, including an automatic driver’s license suspension. Refusal to take a chemical test can be used against you in court as evidence of guilt. However, there may be legal defenses to this, and it is important to consult an attorney if you have refused testing.

Can drugged driving charges be reduced to reckless driving?

In some cases, it may be possible to negotiate a reduction in charges from DUI to reckless driving, which carries lighter penalties. This is more likely if the evidence of impairment is weak, or if procedural errors occurred during your arrest. Your attorney can negotiate with the prosecutor to reduce the charges and minimize the penalties you face.

What are the penalties for a drugged driving conviction in Florida?

The penalties for drugged driving in Florida are similar to those for alcohol-related DUI and can include jail time, fines, probation, community service, and mandatory enrollment in a drug treatment program. For a first-time offense, the penalties can range from six months to one year in jail, depending on the severity of the offense. Repeat offenders or those involved in accidents causing injury can face much harsher penalties, including longer prison sentences and higher fines.

Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation

If you or someone you know has been charged with drugged driving in Florida, it’s critical to take these charges seriously. The penalties can be severe, but with the right legal defense, you can protect your rights and your future. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.