Introduction: The Growing Problem of Drugged Driving in Florida
Drugged driving is rapidly becoming one of the most pressing public safety concerns on Florida’s roads. As the use of marijuana and other substances continues to rise, the Florida Highway Patrol and law enforcement agencies across the state are intensifying their efforts to crack down on impaired drivers. While drunk driving remains a significant threat, drugged driving is now emerging as a leading cause of crashes, injuries, and fatalities throughout Florida.
Recent data reveals that impaired driving—whether due to alcohol, marijuana, or other drugs—contributes to roughly a quarter of all motor vehicle deaths in the state. This troubling statistic underscores the urgent need for increased awareness and education about the dangers of driving under the influence. Law enforcement is responding with targeted campaigns and enhanced patrols, especially during high-risk periods like New Year’s Eve, when the number of DUI incidents and impaired driving crashes tends to spike.
The risks associated with impaired driving are not limited to alcohol. With the legalization of medical marijuana and the growing availability of other substances, more drivers are getting behind the wheel while under the influence, putting themselves and others in danger. The legal consequences for driving under the influence in Florida are severe, including hefty fines, jail time, and the loss of driving privileges. For those injured by impaired drivers, understanding your rights and the process for filing a claim is crucial to securing justice and compensation.
Addressing the rise in drugged driving requires a comprehensive approach that combines law enforcement, public education, and community involvement. The Florida Highway Patrol and other agencies are committed to reducing the number of impaired drivers on the road, but it’s up to all of us to make responsible choices and look out for one another. By staying informed about the risks and laws surrounding DUI, and by never driving after drinking or using drugs, we can help create safer roads for everyone in Florida.
Were you injured by a Florida driver who was high on marijuana?
It can be challenging to keep track of the laws regulating marijuana, especially since the laws are constantly changing, laws vary from state to state, and medical marijuana was recently just legalized in Florida in 2016. All across the US, laws regulating marijuana are nearly impossible to keep up with; in some states marijuana is illegal, in some it’s legal for medical purposes, and in others it is legal for recreational use. One thing is certain, however: driving while under the influence of marijuana is ALWAYS illegal in Florida. Note: It is important to understand the legal implications and potential consequences of a marijuana DUI, as Florida law treats these offenses seriously.
Please view FindLaw’s article to obtain extensive information regarding the laws that govern marijuana use in Florida. The specific statute that defines and governs marijuana-related DUI offenses in Florida is Florida Statute 316.193, which outlines the legal framework for DUI cases involving marijuana.
Florida’s Driving While High Campaign: “Drive Baked, Get Busted”
The Florida Highway Safety and Motor Vehicles (FHSMV) campaign “Drive Baked, Get Busted” aims to inform Floridians about the risks of impaired driving and to educate them regarding the laws that regulate impaired driving.
FHSMV’s website outlines five indications of marijuana impairment that make driving while high so dangerous. Those 5 impairments are:
- Slowed reaction time
- Limited short-term memory functions
- Decreased hand-eye coordination
- Weakened concentration
- Difficulty perceiving time and distance
Unlike alcohol, where law enforcement can use a breathalyzer to measure Blood Alcohol Concentration (BAC) and determine impairment, there is currently no equivalent device for marijuana. This lack of a straightforward BAC-like metric for marijuana makes enforcement and prosecution of marijuana-impaired driving much more challenging.
It isn’t difficult to see why it is dangerous and risky to drive while high from marijuana. Additionally, this hindered driving only becomes more risky when people combine it with other risky situations such as: texting and driving, driving a motorcycle as a beginner, driving when the weather is risky, driving while drowsy, driving on a road with semi-trucks, driving if you have both smoked marijuana and consumed alcohol, and more.
Marijuana impairment is particularly difficult to assess because THC, the active component in marijuana, can remain in the body long after the immediate effects have worn off. This means that drug tests may detect THC in the body even when the person is no longer experiencing intoxication, complicating legal and liability assessments.
FHSMV’s website explains that people who have been driving while impaired by marijuana are subject to the same penalties as if they were driving while being impaired by alcohol, meaning that the penalties can include: costly fines, license revocation, and/or jail time. However, proving intoxication from marijuana is more complex than with alcohol, due to the absence of a clear BAC equivalent and the way marijuana is processed in the body.
At The Eberst Law Firm, we hope that you will take this opportunity to educate yourself about the risks and legal penalties associated with driving while under the influence of marijuana, both for your own knowledge and so you are prepared in the event that you are involved in an auto accident with a marijuana-influenced driver. If you notice signs that the driver is under the influence, such as seeing that they have bloodshot eyes and/or they or their car smells like marijuana, make sure that the responding police officer is aware so that they include their observations in the police report.
Don’t Let Anyone Fool You: Drugged Driving is Always Dangerous
CBS News recently published an article stating that highway statistics indicate that the number of drivers testing positive for pot has increased drastically over the years, with year-over-year data showing a persistent rise in positive tests. However, they also claim that driving under the influence of alcohol remains a “far more deadly threat”. Articles like this, though meant to be helpful, can sometimes also be misleading as they can cause people to minimize the potential risks of marijuana by comparing it to the dangerous risks associated with driving while under the influence of alcohol. Additionally, since the number of drivers with marijuana in their system has been increasing over the years, this apparently growing phenomenon needs further testing before jumping to conclusions. It is important to note that marijuana can be detected in the body for a long time after use, even when impairment has subsided, which complicates the interpretation of these statistics.
Kyle Clark, project manager of the Drug Evaluation and Classification Program (DECP) at the International Association of Chiefs of Police, contributed to a USA Today article and stated, “during the holiday season we see an increase in lives devastated due to motor vehicle fatalities that involve not only drunk driving, but drugged driving as well”. He advises that some factors that contribute to the increased rates of driving while under the influence of marijuana are: the increase in general usage, the lack of testing comparable to an alcohol breathalyzer to see if someone is under the influence of marijuana, and a disturbing unawareness among Americans regarding the dangers of driving high. In legal proceedings, cases involving drugged driving present unique challenges, as prosecutors must address the long detection window of substances and the means by which impairment or negligence is established in court, such as through expert testimony or evidence of driver behavior.
Additionally, cannabis use is also an enormous problem amongst semi-truck drivers. Please see our article, “Drug Use Truck Accidents” to educate yourself on this topic.
Contact The Eberst Law Firm if you have been Injured by a Driver who was High
If you or a loved one have been involved in an auto accident with someone who is under the influence of marijuana, please contact our office immediately at (772) 225-4900 or by using our online contact form for a free consultation. The laws governing marijuana use are changing constantly, and we pride ourselves on staying up to date with the changing laws so that we can best serve our clients and obtain substantial settlements for them. We look forward to being able to assist you during this difficult time.
Sources for “Florida Cracking Down on Drugged Driving”
https://statelaws.findlaw.com/florida-law/florida-marijuana-laws.html
https://www.flhsmv.gov/drivebakedgetbusted/
https://eberstlaw.com/florida-new-texting-law/
https://eberstlaw.com/florida-rainy-roads/
https://eberstlaw.com/beginner-motorcycle-mistakes/
https://eberstlaw.com/drowsy-driving-accidents-in-florida/
https://eberstlaw.com/drug-use-truck-accidents/
https://eberstlaw.com/drunk-driving-in-florida/
https://www.cbsnews.com/news/stoned-driving-on-the-rise-not-as-risky-as-drinking-and-driving/
