Most people are familiar with DUIs involving alcohol, but may not realize that they can also be charged with a drug-related DUI. The key to comprehending drug-related DUI charges is to have a strong understanding of what constitutes a controlled substance. Both illegal and legal controlled substance use can impact driving privileges in Lee County, including Fort Myers and Cape Coral, and throughout Florida.
Chapter 893 of the Florida Statute outlines controlled substances by their schedules and how they’re regulated. Schedules categorize drugs based on their accepted medical use and potential for abuse.
Sunshine State residents should know that going behind the wheel while impaired by a legal or illegal substance can get them into DUI trouble. The law acknowledges that even a legal substance like over-the-counter or prescription medication can impair a person’s normal faculties and compromise their ability to operate a vehicle safely. State laws discourage the misuse of mind-altering substances through:
- Inhalation
- Ingestion
- Application
According to Florida Statute 877.111, substance abuse can extend beyond traditional drugs to include various chemicals that can impair an individual’s ability to drive.
Suspicion of controlled substance use can lead to DUIs in Fort Myers
Law enforcement officers can pull a driver over at a DUI checkpoint if they suspect that they may be impaired. Some indicators that the police use to establish possible impairment are:
- The driver’s behavior as they approach the DUI checkpoint
- The driver exhibiting slurred speech at the DUI checkpoint
- The police noticing that the driver’s pupils are dilated
Since drug impairment cannot be confirmed by establishing a driver’s blood alcohol concentration (BAC), the police may use:
- Field Sobriety Tests (FSTs)
- Drug Recognition Experts (DREs)
- Blood or urine tests
FST’s are administered by the roadside and may not be the most reliable determiners of drug impairment. DREs and blood or urine tests, by contrast, may be used against a motorist to greater effect.
Many drivers are shocked when they realize that they can be charged with a DUI in the Sunshine State, even when their BAC is 0.00%. Motorists who find themselves in drug-related DUI trouble can benefit from appropriate legal support. A trusted legal team can help them understand the charges they’re facing and help navigate their situation accordingly.