Drugged Driving Can Still Be Deadly

The average person is well aware that driving while under the influence of drugs is a very bad idea – but far fewer are aware that the same applies to driving while high. Being stopped for driving under the influence (DUI) while using cannabis in Florida will face the same penalties as someone under the influence of alcohol, and assumes that a person is just as impaired. However, it is far more difficult to tell just how impaired a person is while they are high than it is if they are drunk.

Same Penalties As DUI With Alcohol

If one examines the relevant statute, they can see that Florida’s law on driving under the influence already technically includes driving while high, which is why the two offenses receive the same penalty. The statute holds that if a person is (1) operating or “in physical control” of a motor vehicle; and (2) is under the influence of a substance covered by Chapter 893 (the chapter in Florida’s laws dealing with drug offenses), they have committed the offense of DUI.

Thus, if a person is convicted of drugged driving, they will follow the same pattern as someone convicted of driving while intoxicated. A first DUI usually means a sentence of 6 months in jail, plus suspension of one’s license for anywhere between 6 months and 1 year as well as assorted fines and court costs. However, it may be easier for your attorney to create reasonable doubt about your level of impairment in court than it would be if you were intoxicated.

Creating Reasonable Doubt

If your case goes to trial, creating reasonable doubt is crucial. For example, one might wonder how a law enforcement officer (LEO) could determine that a person is under the influence of drugs versus alcohol. The answer is that this is generally impossible to tell for sure during a traffic stop unless the smell of a drug like cannabis is very strong. That said, an LEO may note that the person is acting in a manner consistent with being high, or that their eyes are bloodshot, and put a picture together using all these pieces of circumstantial evidence, which an attorney can attack.

Keep in mind that regardless of how or where a drug might have been obtained – whether it is medical cannabis, a legal prescription or street drugs – driving while under the influence of drugs to the degree that one’s functioning is impaired is always against the law. The issue is not necessarily in possessing the drug, because someone might have obtained it legally,  but in driving while under the influence.

Contact A West Palm Beach Drug Offenses Attorney

Far too many people still believe in the misconception of it being legal to drive under the influence of cannabis. In reality, being under the influence of anything can be dangerous or even deadly. If you have been charged with DUI, a West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. can help answer your questions and help you determine where to go from here. Call our office today to schedule a consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/0893.html/