Driving On Drugs Is A Crime
Cannabis is a drug that has a dedicated base of users, with many claiming it is safer than drinking alcohol. While the proverbial jury may still be out on that score, it is important for drug users in general to understand that driving a car while under the influence of drugs, cannabis included, is still very much a crime in Florida, and if you are stopped driving while high, you may face serious consequences.
“Impairment” Is Difficult To Quantify
The average person is well aware of the potential dangers of driving while drunk. However, studies have not sufficiently established whether cannabis is just as dangerous – the general consensus as of this writing is that the effects of cannabis will vary significantly from person to person, based on factors like weight, sex, and frequency of use. It is not possible currently to measure a person’s impairment level in specific numbers, as one can do with blood alcohol content. The level of THC in the blood can be established, but this does not directly correlate with impairment.
The relevant statute in Florida establishes that a person is guilty of the offense of driving under the influence (DUI) if they are driving or in “actual physical control” of a vehicle either when they have a certain Blood Alcohol Content (BAC), or if they are drugged or drunk to a point where their “normal faculties are impaired.” While the word ‘normal’ may need to be defined from case to case, this is the standard used to determine legal culpability.
No Acceptable “Legal Limit” For Drugs
If you have been charged with driving under the influence of cannabis or another drug, it is important to understand that unlike with alcohol, Florida has no ‘legal limit’ for drug use. If any amount of a drug is found in your system after a traffic stop, it creates a reasonable presumption that you have been driving under the influence – but this can be disputed in court.
If you are convicted of driving under the influence of drugs, the consequences will be similar to those for an alcohol-based DUI: fines, court costs, suspension of your driver’s license, and depending on the specifics in your case, possibly jail time. Those who are not first offenders will, as one might imagine, face harsher penalties than those who have never been in trouble with the law before.
Contact A West Palm Beach Drug Offenses Attorney
Despite years of study, the full potential positives and negatives of drugs like cannabis are yet to be fully understood – and in the meantime, driving while under the influence is still a crime in Florida. If you have been charged with driving while high, a West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. can help answer any questions you may have about the legal process. Call our office today to speak to an attorney.
Source:
flsenate.gov/Laws/Statutes/2021/316.193
