Driving under the influence of drugs, or DUID, is prosecuted in much the same manner as Florida DUI arrests involving alcohol. Any driver who operates a motor vehicle while under the influence of drugs, either legal or illegal, can be arrested for DUID.

DUID is an extremely serious charge that can carry substantial repercussions, so it’s imperative to have a top defense lawyer protecting the driver’s rights. A Florida attorney who focuses on DUID defense will use a proven defense strategy designed to keep negative consequences to a minimum.

The key issue in a DUID case is whether the driver met the legal definition of being under the influence. “Under the influence” is defined in a DUID case as being unable to operate a vehicle with the same caution as a sober person under the same or similar circumstances.

Many motorists don’t realize that ingesting legal over-the-counter and prescription drugs can expose them to a driving under the influence of drugs charge.  The only question is whether the legal definition of driving under the influence of drugs was met.

Florida has no legal limit or “per se” amount for driving under the influence of drugs – there is no magic number as in a drunk driving case. This gives Florida drivers an advantage over motorists in other states.  For example, in Michigan, anyone who drives with any measurable amount of any illegal drug, including marijuana, is considered under the influence.

DUID and drunk driving cases are prosecuted with circumstantial evidence. The prosecutor will try to introduce evidence of the driver’s field sobriety tests, driving patterns, and appearance. 

In drunk driving cases, Florida’s implied consent law allows a choice between blood or breath tests. In DUID cases, the arrestee’s choice is between a blood or urine test.  Urine testing is so unreliable that it is not an option in a drunk driving investigation, but is an acceptable test for drugs.

Urine testing is inherently unfair in a DUID case because of the amount of time required for different drugs to be eliminated by the body. For example, marijuana can remain in a driver’s body for days, but many stimulants are eliminated in just a few hours. An individual who smoked marijuana on a Saturday night could be arrested for DUID on a Tuesday, long after the drug’s effects have worn off.

Police sometimes shift drunk driving investigations to DUID investigations when the driver’s breath test shows a blood alcohol content (BAC) of less than .08 percent. Some police departments will begin a drug evaluation any time a breath test reveals a BAC of .05 percent or less. 

Many police departments are employing Drug Recognition Evaluators, or DREs, to investigate driving under the influence of drugs cases.  DREs investigate drivers for drug intoxication by checking the driver’s pupil size, pulse rate, blood pressure, and other factors.  The officer will examine a driver’s arms and other common sites for needle marks.  The DRE will seek damaging admissions or confessions of drug use.  Field sobriety tests may be given again in a controlled and well-lit environment. The officer’s observations likely will be used to provide probable cause for arrest as well as evidence for a court case.