A frustrating issue defending those accused of Driving Under the Influence or DUI, has been the lack of a definition of the word "impaired" in the standard jury instructions. Without a breath, blood or urine result or sample the State of Florida must prove that the person is "impaired" in order to convict a person of DUI. This is especially true if the accused is DUI by drugs or prescriptions. However, the Florida Supreme Court in issuing jury instructions has sought fit to leave the word "impaired" undefined.
A person can be convicted of DUI by prescription drugs. Some people do not realize that until it is too late. If you are reading this blog, then likely you or someone you know discovered the hard way that you can be arrested for DUI if impaired by any one of a long list of prescription drugs. In Florida, DUI stands for "Driving Under the Influence". The influence can be of alcohol or drugs that are illegal narcotics or prescriptions. A DUI can be a felony in Florida.