Are a DUI and Impaired Driving the Same Thing?

DUI, driving under the influence, is a serious offense and one that has harsh consequences. DUI and drunk driving are often used interchangeably; however, driving under the influence is a broad term and is a crime in the state of Florida. DUI only includes impairment caused by alcohol or specific chemical or controlled substances, which include non-prescription and prescription drugs and illegal drugs which effect a persons’ “normal faculties.”

Impaired Driving

Many things may constitute possible impaired driving and unless the impairment is caused by alcohol or a chemical or controlled substance.  When it comes to alcohol, any alcohol impairment is illegal.  However, if the impairment is caused by a chemical or controlled substance, for it to be illegal the substance must be listed in either  Florida Statute § 877.111, or any subsection of Florida Statutes Chapter 893.  If the impairing substance is not listed and is not alcohol, no crime is committed.  For example, for years, the active ingredient in Ambien was not listed in Florida Statutes and when a person was arrested and charged with DUI for sleep driving under the influence of Ambien, the State would have no choice but to dismiss the charges.  Additionally, lack of sleep can also cause impaired driving as well as numerous medical conditions. Until recently in Florida, the term Impaired was not defined in the criminal jury instructions, leaving a jury to determine what impairment meant to them.  However, “impaired” is now defined as: diminished in some material respect.

DUI

A DUI charge often occurs as part of a routine traffic stop. For example, you may fail to use your directional signal for a turn, which can cause the police to stop you. DUI stops are obviously more common at night; however, they can occur at any time. If you’re stopped it’s best not to admit to anything, and to remember that you are not required to answer any questions once you have identified yourself and provided your ID.  Additionally, under Florida law, for their own safety, an officer can ask you to exit your vehicle at anytime, even if they do not have evidence of a crime.  Contact one of our board certified* DUI attorneys in Orlando as soon as possible to assist in resolving the charges.

DUI Tests

At the scene of the traffic stop if the officer suspects you may be impaired, the police officer will likely ask you to perform some field sobriety tests. These consist of such things as walking a straight line, standing on one foot, watching a pen as they officer moves it vertically across your field of vision, then horizontally up and down, reciting the alphabet, tilting your head back and estimating the passage of 30-seconds with your eyes closed, and touching your finger to your nose, to name just a few. If you fail any of these tests you’ll be arrested and asked to take a breath test if the officer suspects you are impaired by alcohol, or a urine test if the officer suspects you are impaired by drugs.  Florida law requires that prior to the administration of an evidentiary breath or urine test, the law enforcement officer place the subject under arrest.  It is very rare in Florida that an officer will ask a drive to take a preliminary breath test (PBT) at the side of the road prior to arrest.  You can lawfully refuse to take a PBT if requested to do so, but Florida law does require drivers to submit to a breath test once they have been lawfully arrested if asked to do so.  Although there are no criminal penalties for a first refusal, if you refuse and have previously refused, you could be charged with a separate crime.  In Florida law enforcement officers can only request a blood test in very limited situations including an accident which results in death or serious bodily injury.  Further testing will be done using a blood or urine test. These tests are designed to screen for alcohol as well as a number of drugs.

DUI License Suspensions

If you are arrested for DUI it is almost certain your license will be suspended.  If you take the breath test, and blow over the legal limit of .08 your license will be taken by the arresting officer who will issue a suspension for the Department of Motor Vehicles of 6 months.  If you refuse to take the breath test the arresting officer will issue you a license suspension for 12 months if it is the first time you have refused a breath, urine or blood test, or for 18 months if you previously refused such a test.  The DUI citation that you are issued will contain the notice of suspension of your driving privilege and will additionally inform you that you have a right to request a hearing to review the officer’s decision to suspend your license.  YOU MUST TAKE ACTION WITHIN 10 days of arrest to protect your driving privilege.  Call our board certified* DUI Defense Specialists today to discuss your options and protect your driving privilege.  Don’t wait until it is too late, we can likely keep you driving during this time period, but if you wait past 10-days, there is nothing anyone can do to protect your ability to drive.

DUI Penalties

If you are found guilty of DUI penalties could include such things as a court ordered license suspension in addition to the administrative suspension of your license which the officer initiated for the Department of Motor Vehicles, attendance at DUI school, a substance abuse evaluation, treatment for alcoholism or drug use, and incarceration. Keep in mind that you aren’t guilty unless convicted in a court of law. For this reason it’s important to seek representation from an experienced DUI attorney like the board certified* DUI Defense Experts at Katz & Phillips, P.A.. Your lawyer will review the individual facts of your case and plan the best possible defense to present on your behalf. In many cases our lawyers will be able to get the charges dropped completely or reduced to lesser charges. Your DUI arrest is not hopeless.  Call us today to discuss how we can help you.  We look forward to hearing from you.