DWI is Driving While ability Impaired. Although new to Florida the term DWI is not new to many States across the country. For example: Colorado laws are, DWAI, which means: Driving While Ability Impaired. In Florida, the law is DUI: Driving under the Influence of alcohol or drugs. There is no distinction on wheter the drugs are illegal or not. The drugs just have to fit in a certain category of controlled susbstance.. Anotherwords if it is determined the Driver is impaired and the breath is zero, meaning no alcohol and the urine test shows ambien, for example, ambien is not one of the controlled substances that fit under the law, so therefore the person would not be legally DUI. If there was oxycodone found in the system, whether the driver had a perscription or not, then the State would possibly have a good case for DUI if all other evidence was in place to prove the other elements of DUI. This can be confusing.
CENTRAL FLORIDA —
State lawmakers are looking at a controversial bill aimed at preventing people from driving under the influence.
The bill would change the law from "driving under the influence" to "driving while impaired."
But some worry the change will lead to sober people getting arrested.
Currently DUI means you're driving under the influence of drugs or alcohol, but the law could change so that if an officer suspects you're impaired you could be given a urine test for drugs or pill that could have been in your system for weeks.
"If that's how the law is going to be written, it risks individual's freedoms being taken away based on criteria that they're not even impaired by the medications," said DUI attorney Stuart Hyman
Hyman says even if you're not impaired, the urine test could still pick up on the drugs.
He says it's still based on an officer's judgment, which means you could still spend a night in jail.
"I have reservations that they are going to seize the urine and blood of an individual who they cannot establish is impaired by any drugs or medications," said Hyman.
Renea Perkins supports the bill. She says drugs are illegal, and drivers on pills shouldn't be on the road.
"It states on the pills you shouldn't drive a motor vehicle, so you take the chance when an officer stops you, of being impaired," said Perkins.
Others say the bill is essentially requiring a drug test just to drive.
"I don't think that's right. You're not under the influence of drugs or alcohol at the time you're driving a vehicle. To me that's lawful," said Carolann Byron.
Some DUI attorneys also say the Florida Department of Law Enforcement is currently so backlogged with processing urine tests that there is no way they could get the results in time for a speedy trial.
The bill would change the law from "driving under the influence" to "driving while impaired."
But some worry the change will lead to sober people getting arrested.
Currently DUI means you're driving under the influence of drugs or alcohol, but the law could change so that if an officer suspects you're impaired you could be given a urine test for drugs or pill that could have been in your system for weeks.
"If that's how the law is going to be written, it risks individual's freedoms being taken away based on criteria that they're not even impaired by the medications," said DUI attorney Stuart Hyman
Hyman says even if you're not impaired, the urine test could still pick up on the drugs.
He says it's still based on an officer's judgment, which means you could still spend a night in jail.
"I have reservations that they are going to seize the urine and blood of an individual who they cannot establish is impaired by any drugs or medications," said Hyman.
Renea Perkins supports the bill. She says drugs are illegal, and drivers on pills shouldn't be on the road.
"It states on the pills you shouldn't drive a motor vehicle, so you take the chance when an officer stops you, of being impaired," said Perkins.
Others say the bill is essentially requiring a drug test just to drive.
"I don't think that's right. You're not under the influence of drugs or alcohol at the time you're driving a vehicle. To me that's lawful," said Carolann Byron.
Some DUI attorneys also say the Florida Department of Law Enforcement is currently so backlogged with processing urine tests that there is no way they could get the results in time for a speedy trial.
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