Legal Distinctions Between Driving Drunk or Driving Drugged

Whether impairment is caused by alcohol or drugs, driving under the influence (DUI) is a serious offense. If you are facing charges, it is important to understand the distinctions between drunk driving and drugged driving. Share your story with an experienced Clearwater criminal lawyer. Compassionate legal professionals can make a significant difference in the outcome of your case, helping to minimize the impact on your life and future.

How Do Charges Differ?

In Florida, driving drunk typically refers to operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Alcohol is relatively straightforward to detect, usually through breathalyzers or blood tests. If a driver’s BAC exceeds the legal limit, they can be charged, facing penalties that may include fines, license suspension, community service, and even jail time.

Drugged driving, on the other hand, involves operating a vehicle while under the influence of any controlled substance, whether legal or illegal. Unlike alcohol, drugs do not have a standardized measure like BAC to determine impairment. Instead, law enforcement relies on a combination of physical observations, field sobriety tests, and drug recognition experts. Blood and urine tests can also be used to detect the presence of drugs in a person’s system.

While both drunk driving and drugged driving are considered DUIs in Florida, the charges and penalties can differ based on the substance involved and the circumstances of the arrest.

For instance, alcohol-related DUIs have well-established legal thresholds and standardized penalties. In contrast, drugged driving cases can be more complex. The prosecution must prove that the driver was impaired by the specific drug at the time of driving, which can be challenging, especially with prescription medications or substances that may remain in the system long after their impairing effects have worn off.

Can Law Enforcement Tell the Difference?

Law enforcement officers use different techniques to detect drunk or drugged driving. For alcohol, a breathalyzer is the most common tool, providing an immediate reading of a driver’s BAC. In cases where drugs are suspected, officers may rely on their observations, such as erratic driving, slurred speech, or the presence of drug paraphernalia, to justify further testing.

Drug recognition experts can also play a critical role in drugged driving cases. These specially trained officers use a 12-step evaluation process to determine if a driver is under the influence of drugs. This process includes eye examinations, coordination tests, and an assessment of the driver’s vital signs. If the professional assessor believes the driver is impaired, they may request a blood or urine test to confirm the presence of drugs.

A Clearwater criminal lawyer can scrutinize the methods used by law enforcement. Also, in some cases, a lawyer may be able to negotiate reduced charges or alternative sentencing, such as enrollment in a treatment program instead of jail time.

Has a Florida DUI arrest complicated your life? Protect your rights with legal support. Understanding the nuances of Florida’s DUI laws is essential, talk to the trusted legal team at King Law Group to learn more. Schedule a consultation today.