Drinking and driving leads to the majority of DUI arrests in Florida. It is very common for people to drink too much alcohol and still try to drive their car, and many of these people are arrested when the officers see signs of impairment or give them a breath test and find out that they are over the legal limit.
That being said, it is important to note that impairment can come from many different sources. Even if a person does not consume alcohol, and so they would pass a breath test, they could still face impaired driving charges.
Prescription medications
For example, some people do not realize that their prescription medications, such as opioids or painkillers given out after surgery, could significantly impair their ability to drive a car. Often, these medications come with instructions not to operate heavy machinery.
If someone is taking opioids while they are supposed to be recovering from surgery and they get behind the wheel, those drugs could still lead to an arrest. Just because the person has a valid prescription and was using the medication legally does not mean that it is also legal for them to drive their car.
Illegal drugs
Naturally, the same issue can happen if someone has been using illegal drugs, such as fentanyl, methamphetamine, marijuana, cocaine and the like. Anytime that someone uses these substances recreationally, they open up the door to potential charges if they get behind the wheel. Once again, they would pass a breath test and would not have an elevated BAC, but they can still face serious charges because alcohol content is not the only thing that matters.
This can lead to a situation where someone is surprised that they have been arrested, especially if they thought they were just using a prescription drug as instructed. If you find yourself in this position, it is critical that you understand all of your legal defense options.