Category: Traffic Offenses · Statute: F.S. 316.193 · Source: Florida Legislature
Understanding Impaired Driving (Drugs) in Florida
In Florida, driving under the influence of drugs (DUID) is prosecuted under the same statute as alcohol-related impairment, Florida Statute Section 316.193. However, establishing a drug-related DUI differs significantly because Florida law does not establish a specific legal limit—such as the 0.08% blood-alcohol concentration—for controlled substances. Instead, the state must prove that a driver’s "normal faculties" were impaired. This standard applies not only to illicit substances like cannabis or cocaine, but also to legally prescribed medications and over-the-counter drugs if they compromise a driver's ability to operate a vehicle safely.
Because breathalyzers do not detect drug levels, Florida law enforcement officers rely heavily on Drug Recognition Experts (DREs) to build these cases. A DRE is a specially trained officer who administers a multi-step evaluation, assessing physical indicators such as pupil size, pulse rate, and muscle tone. Additionally, officers will typically request a urine or blood sample to detect the presence of chemical substances. Under Florida’s implied consent law, refusing to submit to these chemical tests can result in an automatic driver's license suspension and can be used as evidence against the driver in court.
Bail and Pretrial Release for Drug-DUI Arrests
Under Florida Statute Section 316.193(9), individuals arrested for any DUI offense, including drug impairment, cannot be released immediately. Defendants must remain in custody until their normal faculties are no longer impaired, or until at least eight hours have passed since their arrest. Once this hold is lifted, bail is typically set according to local county bond schedules. However, because drug-related charges may suggest underlying substance abuse, judges frequently impose pretrial release conditions such as mandatory random drug testing, substance abuse evaluations, or a prohibition on operating any motor vehicle while the case is pending.