A new proposed law to broaden the scope of DUI offenses to include “any impairing substance” advanced in a Senate committee on Wednesday. However, there was pushback over concerns regarding the bill’s broad language. Two Democratic senators opposed the new proposed bill citing potential unintended consequences.

Under current law, a person can be convicted of Driving Under the Influence (DUI) if they are impaired by alcohol, a chemical substance, or a controlled substance. The proposed bill (CS 138) introduced by Republican Senator Tom Wright aims to expand the definition to include any impairing substance, regardless of whether it falls under the existing legal classifications.

Bill Sponsor Defends the Change

During a session of the Senate Appropriations Committee on Criminal and Civil Justice, Sen. Wright said the measure was drafted in response to a request from the judicial system to account for substances that could impair drivers, including both prescription and illicit drugs.

“This legislation ensures that we are covering anything that could impair a person’s ability to drive safely,” Wright said. “Whether it’s an overdose of medication, an unknown powder, or another substance that affects judgment, this bill ensures that impaired drivers are held accountable.”

Concerns Over Ambiguity and Unintentional Criminalization

The proposed language sparked concerns among legal professionals. A Tallahassee-based attorney representing the Florida Association of Criminal Defense Lawyers cautioned that the measure could unintentionally criminalize individuals who experience unexpected side effects from legal medications.

The attorney statted that medications may impair someone in ways they didn’t anticipate. He also stated that the way this bill is written could penalize individuals who had no intention of driving impaired.

How Would Law Enforcement Test for Impairment?

One of the biggest concerns raised in the discussion was how law enforcement would determine impairment under the new law.

Attorneys also questioned how officers could detect whether someone was impaired by substances like Nyquil, a common over-the-counter cold medication. Defense attorneys pointed out that the Florida Department of Law Enforcement does not currently test for substances like Nyquil, leaving uncertainty about how impairment would be assessed in DUI cases involving non-traditional substances.

Debate Over the Broad Language

Democratic Sen. Tina Polsky raised concerns about how the bill could apply to individuals using prescription medications or even over-the-counter drugs like Nyquil.

“If someone takes Nyquil and is driving a little strangely, would this law allow for a DUI arrest?” Polsky asked.

Wayt responded that the language of the bill, as written, could potentially allow for exactly that outcome.

Meanwhile, Republican Sen. Blaise Ingoglia argued that the broad phrase “any impairing substance” could give law enforcement more flexibility to charge individuals using designer drugs that do not fall under traditional controlled substance classifications.

Wayt agreed that closing loopholes in DUI enforcement is a reasonable goal but stressed that the law should require proof that the driver knew the substance could impair them.

Final Vote and Next Steps

Despite the concerns, the bill passed the committee by a vote of 6-2. Senators Polsky and Darryl Rouson were the only dissenting votes.

“This catch-all is just too broad,” Polsky said. “I support efforts to stop impaired driving, but I don’t believe the current law is lacking in this area. The language in this bill reaches too far.”

Sen. Wright remained firm in his position, arguing that people generally know when they are too impaired to drive.

“As responsible adults, we are aware when we are not in a condition to drive,” Wright said. “Whether it’s taking too much Nyquil, overmedicating, or using illegal substances, we all have a responsibility not to get behind the wheel.”

Wright said he was motivated to introduce the bill after hearing a news report about a drunk driver with 16 prior DUIs who caused a fatal crash, killing a mother and her children.

“Do we just ignore that?” Wright asked. “Or do we take action to protect families on the road?”

The bill now moves forward with one final committee hearing before reaching the full Senate floor. A companion bill (HB 687) has been introduced in the House of Representatives by Republican Kim Kendall of St. Augustine.