While driving drunk is a more common offense, individuals driving under the influence of drugs can also be arrested and prosecuted, with similar consequences. With drug use on the rise across every state, law enforcement has been trained to keep an eye out for signs that a driver is drugged. A study by the National Survey on Drug Use and Health showed that over 4% of individuals in Florida drove under the influence of illicit drug in the past year, through data gathered between 2006 and 2009. An offense of drugged driving carries the potential for very serious consequences in Florida, and the ramifications of this charge should not be underestimated.

Both prescription and illegal drugs can have the same effect as alcohol in impairing a driver's abilities to operate a vehicle safely. Even a drug that is legally prescribed to you may render you unable to drive responsibly and could lead to a DUI charge.

In order to prove that driver is under the influence of drugs to an unsafe extent, law enforcement must establish that their normal faculties are impaired. Because a breath test is ineffective for drugged driving, officers will usually use field sobriety tests or request a blood or urine sample for testing. When reviewing the driver's blood or urine, experts will determine which drugs where in their system and in what quantities.

Some drugs that are considered likely to impair a driver's ability to function safely include:

• Cannabis/Marijuana (Tetrahydrocannabinol, THC)


• Carisoprodol (And Meprobamate)


• Cocaine


• Diazepam


• Diphenhydramine


• Gamma-Hydroxybutyrate (GHB, GBL, And 1, 4-BD)


• Ketamine


• Lysergic Acid Diethylamide (LSD)


• Methamphetamine (And Amphetamine)


• Methylenedioxymethamphetamine (MDMA, Ecstasy)


• Morphine (And Heroin)


• Phencyclidine (PCP)


• Zolpidem (And Zaleplon, Zopiclone)

There is debate currently surrounding the ability to determine the impairment of a driver using blood and urine testing. Some argue that there are too many mitigating factors to truly decide how much a driver's behavior was affected through this method, and the on-going discussion of the topic makes it a complex issue.

Most every prescription drug is labeled with a warning that it may cause drowsiness. Some strongly caution against using machinery or driving while taking the medication. You can still be arrested for DUI even if you are taking a drug legally prescribed to you if an officer deems that your faculties are impaired. If this is the case, the arrest may be fought by proving that you were within the "therapeutic range" of treatment for your medication and not unsafe to drive.

For a drugged driving offense, the potential consequences are the same as a DUI for drunk driving, which are outlined in Florida Statute 316.193. The penalties vary depending on the driver's prior history, the amount of drugs in their system, and other factors. A first time offense will be considered a misdemeanor and every arrest carries the potential for jail time, heavy fines, and a mark on your criminal record that can interfere with your career and future opportunities, making it essential to ensure that you only operate a vehicle when your faculties are not impaired by any drugs of alcohol.