The Drugged Driver and the Need for a Per Se Law

In Florida, drunk driving is a big problem and causes a lot of accidents. To stop this, the state has two ways to catch drunk drivers. First, if someone is driving and their normal abilities are affected by alcohol, they can be found guilty of driving under the influence. Second, a person can also be found guilty if their blood alcohol level is 0.08 or more while driving. These laws have been around for a while and help the state make sure drunk drivers face the same penalties. If someone is caught driving while under the influence of drugs, it can be difficult to prove in court. In some cases, evidence from urine tests may not be admissible. In one case, a driver who had been in a crash had evidence of cocaine in his system, but it was not allowed in court because it didn’t have much value as evidence. In another case, a driver who had a low alcohol level also had drugs in his system, but those test results were also not allowed in court. So, it can be hard to prove someone was driving under the influence of drugs. The courts allowed evidence of drugs found in a person’s system to be used in DUI cases, even if the exact effect of the drugs on the person’s behavior couldn’t be determined. In one case, evidence of cocaine in a person’s blood was allowed because it was a significant amount. In another case, evidence of marijuana in a person’s system was also allowed because it could explain their impaired driving. If someone is suspected of driving under the influence of drugs, it can be difficult to prove in court. Even if they have drugs in their system, it doesn’t necessarily mean they were impaired while driving. To make a successful case, the state would need testimony from a drug recognition expert who can identify the type of drugs a person may be using and provide other evidence of impairment. But even with this evidence, it can still be hard for the state to prove its case in court. The state is struggling to prove impairment in cases involving drugs and driving under the influence. One solution they’re considering is to make it illegal to drive with any amount of drugs in your system, similar to the law for alcohol.

Source: https://www.floridabar.org/the-florida-bar-journal/the-drugged-driver-and-the-need-for-a-per-se-law/