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Due to the dramatic increase of illegal prescription drug use, authorities says the number of cases of driving under the influence in which the substance is a prescription drug rather than alcohol is also dramatically increasing. However, prosecutors are facing challenges when it comes to charging these individuals. For example, Florida does not require a test to quanitify the amount of drugs in a person’s body in a DUI case. Prosecutors say these impairments are hard to prove.
Historically, in many states including Florida, there is a well-developed system to quantify the amount of alcohol in a person’s body so that jury can than compare that value to a standard established as an unlawful amount when operating a vehicle. However, when an individual has ingested oxycodone or opiates, no well-developed system of comparison has been created, thus, making it troublesome to prosecute these individuals.
In Florida, a DUI charge is the same whether the driver is influenced by alcohol or drugs and Florida law enforcement officers have limited means to prove impairment. Officers can use field sobriety tests and sometimes rely on drug recognition experts (DREs). DREs are police officers who have completed a specialized training program in detecting impairment due to drugs. To help the state’s case, it is important to get an DRE to the scene as soon as possible. Law enforcement agencies can also seek testing done by private labs “if the drug is not on the the FDLE does not currently quantify.” However, this process receives massive criticisms from defense attorneys who say that some of these drugs can remain in a persons system for up to a month. Therefore, the debate continues in Florida. If you would like read more on this topic please see Florida law enforcement agencies face challenges in DUI convictions influenced by prescription drugs.
One method to prevent these issues remains solely in the driver’s responsibility. If you have consumed any alcohol or ingested prescription drugs that affect your ability to drive the solution is simple – do not drive. Calling a cab or having a designated driver is cheaper and way less burdensome than lawyer and fees, as well as having to defend yourself against the charges.