Florida DUI Center

At approximately 12:30 am on Saturday June 5th, Sgt. Cooks of the Madison Police Dept. stopped a vehicle on SR 53 for a traffic infraction. While speaking with the driver, Sgt. Cooks detected the odor of alcohol. Sgt. Cooks had the driver perform a series of sobriety tests before arresting him and charging him with driving under the influence. The driver was taken to the Madison County Jail.

In Part 1 of this series, I discussed the dangers of drugs and alcohol in America and many of the misconceptions about drinking.   In Part 2, I reviewed issues for newly licensed drivers, peer pressure and the messages we send to our teenagers about drugs and alcohol.   In Part 3,  we will look at the effects of marijuana and driving and the laws surrounding drinking, drugging and driving.

Driving under the Influence is the law which governs those people who drive a motor vehicle after consuming alcohol. There is no set amount of drinks per person that needs to be consumed because depending on the physical and mental characteristics of each individual it varies. However in all 50 states, a person with a blood alcohol concentration of, 08% by weight of alcohol in his blood as shown by chemical analysis of his blood, breath, urine, or saliva, made pursuant to the appropriate statute of law, is considered drunk driving.

Lesser percentages of alcohol in the blood could land you in jail with a charge of driving while impaired or Driving under the influence. Depending on the state in which you are charged, these offenses could either be Misdemeanors or Felonies.

As far as knowledge about marijuana impairments and driving, the situation is far worse. Recently, I was listening to a local radio talk show. The day’s topic was the legalization of marijuana. One caller (a former user) said he has a 17 year-old son and would much rather want to see him drive a motor vehicle after he smoked a couple of joints rather than after drinking a few beers. His reasoning was marijuana slows you down and you will not drive as fast as you would after drinking alcohol. Several surveys conducted in Illinois and Ohio indicated that there are twice as many teenaged drivers behind the wheel of a motor vehicle while under the influence of marijuana as those behind the wheel having consumed alcohol. The effects on driving skills while under the influence of marijuana account for drivers missing traffic signals, stop signs, poor handling of the vehicle in traffic, and unawareness of pedestrians and stationary vehicles. Studies have shown that there was still a significant decline in driving abilities up to six hours after smoking marijuana with some of those effects lasting as long as 24 hours. The reason this happens is that today’s marijuana has a THC content average 6.86% and as high as 24%, as compared to the THC content of the late sixties and early seventies which was in the area of 0.5% per joint. THC, “Tetrahydrocannabinol” is the psychoactive ingredient in marijuana. Although there are 420 various chemicals in marijuana when smoked, it is the THC, which makes the user high.

Smoking marijuana and driving under its influence can interfere with a person’s peripheral vision making the driver not pick up the fact that another vehicle is trying to pass, and might suddenly turn into the passing car.
The drug could impair the user’s central vision detection not making the driver start the vehicle when a green light come on, or the user might not see the red light.
Smoking marijuana impairs the driver’s reaction time. The driver loses his ability to brake quickly in an emergency.
The drug marijuana impairs the driver’s night time driving ability.
Marijuana also impairs short-term memory making the driver forget where to get off the highway or remembering his way home.
The impairment of manipulative and coordination skills whereby the driver under the influence of marijuana has difficulty in backing, turning around, passing another vehicle, or getting on and off highways.

 A wide variety of studies, in the United States and abroad, have clearly shown that marijuana – even one joint – impairs all-important components of driving performance. In some respects driving impairments after smoking marijuana could be worse than the impairment caused by alcohol. Unfortunately, teenage parties often include the use of both alcohol and marijuana and for those users who combine both drugs (and this isn’t uncommon), they double their chances of having a drug related driving crash. In addition to making driving dangerous, marijuana has been suspected of having an impact on several of the body’s major organs and functional systems, resulting in chronic adverse effects. Research has shown that the heart, lungs, immune system, brain, reproductive system, and cell chromosomes are affected with marijuana use.

The laws surrounding the possession and use of marijuana differ from state to state. It has been my experience that depending on the amount of the drug found in the possession of the user determines the weight of the crime. Although a misdemeanor charge is less than a felony, a young person needs to remember that both are crimes and an arrest for any crime can have an adverse effect on a young user’s future. Parents and custodians of any minor under age 18 living at home may be civilly liable for damages plus court costs for destruction of property or stolen property; parents may be held criminally responsible for minors consuming alcohol at home parties held at their residences. Parents may cause an establishment to lose its alcoholic beverage license if a minor is allowed to consume alcohol under the parents’ supervision. Any person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

In the State of Florida, the maximum penalty for giving, selling, serving, or permitting the service of alcoholic beverages to anyone under the age of 21 is 60 days in jail and a $500.00 fine. If the person is under 18 the maximum penalty is 1 year on jail and $1,000.00 fine. The maximum penalty for possessing alcoholic beverages if an individual is under 21 is also 60 days in jail or a $500.00 fine, as well as suspension of driving privileges for up to six months. The maximum penalty for misrepresenting your age for the purpose of buying or being served alcoholic beverages is suspension of driving privileges and up to one-year in jail and a $1,000.00 fine. A storeowner can have an underage person arrested for attempting to purchase alcohol. Penalties can be up to 60 days in jail or a $500.00 fine. A person under the age of 21 caught drinking with a BAC (blood alcohol concentration) of .02% can have their driving privileges suspend up to age 21.

Teenagers using chemicals is nothing new. It’s been going on for the past 40 years that I know of.  I’m not going to tell you not to use alcohol or drugs because I know you aren’t going to listen to me. Using alcohol or drugs is your choice. However, listen to yourself. Look around at some of your friends, especially those who have been long-term drinkers or drug abusers. Give them a long hard look and you will see they have changed. They aren’t the people you knew before.

 As a former law enforcement officer, I have talked with many people both young and old, who became dependent on alcohol and/or drugs. What many of them told me was that when they realized they had a problem with alcohol or drugs, they didn’t get help. Young people today have a lot of people out there willing to help them. If you have a problem and find yourself using alcohol or drugs, talk with someone. If you can’t talk with your parents, that’s okay; there’s always a teacher, school counselor, a friend’s parent or someone in your church or synagogue. Remember, it doesn’t matter who gets you back on the road safely as long as you get there.  SAFE DRIVING!

Learn more about Teen Drivers and Prescription Drugs.

Originally published here.