Existing Florida law says that a person is guilty of a DUI (driving under the influence) if they are under the influence of alcohol, a chemical substance, or a controlled substance. But a measure (CS 138) sponsored by east central Florida Republican Tom Wright would expand that definition to include “or any impairing substance.”
During a meeting of the Senate Appropriations Committee on Criminal and Civil Justice on Wednesday, Sen. Wright his bill was response to a “request by the judicial system” to include anything that would impair a driver, including “medicines that you overdosed on, or it be some sort of powder or something that you use.”
“In other words, we’re trying to cover all the bases of anything like a drug that might be used and has the individual impaired and not able to drive correctly,” he said.
That drew an objection from Aaron Wayt, a Tallahassee attorney representing the Florida Association of Criminal Defense Lawyers. He said some medications can cause an unexpected negative reaction and that it would be unfair to criminalize people who had no intent to do anything unlawful.
Test for Nyquil?
Wayt wanted to know how a law enforcement officer could test someone they consider impaired. The Florida Department of Law Enforcement does not now test for substances such as Nyquil, he noted, an over-the-counter medication used to treat nighttime symptoms of the common cold and flu.
Now, a first refusal to submit to a breathalyzer test can result in a one-year license suspension but is not considered a crime. Under the proposed legislation, a first refusal could result in a second-degree misdemeanor charge. A second refusal could result in a first-degree misdemeanor, carrying more fines and possible jail time.
South Florida Democratic Sen. Tina Polsky asked Wayt if the way the bill is written could include someone driving and acting “a little strange” while using a prescription drug or Nyquil. He said he believed “yes,” because of the phrase “any impairing substance.”
Spring Hill Republican Sen. Blaise Ingoglia suggested the all-encompassing phase “any impairing substance” could help law enforcement cite drivers for ingesting designer drugs that don’t fit the exact definition of say, cocaine.
Wayt agreed the change would make for better public policy, but only if language is amended to include a determination the driver knew the substance could impair them.
‘Good human beings’
Polsky and Tampa Bay area Democratic Sen. Darryl Rouson ended up opposing the measure.
“This catch-all is just too broad and I’m going to vote against it,” Polsky said. “I’m certainly not pro-DUI. I don’t want it to be construed that way. I don’t know what the current law is missing … it’s just too far.”
Wright insisted that, as “good human beings, we are well aware when we are not able to drive a car. Or when we’re drinking Nyquil by the gallon. Or taking medicines that we shouldn’t have taken. Or smoking too much. Or snorting too much. You name it — we know when we are impaired, and we should make the decision not to drive on the state roads.”
He said he was inspired to sponsor the legislation after watching an Orlando television news report about how a mother and her children were killed in an auto accident by a drunk driver who had 16 previous DUIs. “Don’t we need to do something about that?” he asked. “Don’t we need to defend the families that are on the streets?”
The measure passed the committee, 6-2. It now has just one more committee before going to the floor of the Senate. A companion bill (HB 687) has been filed in the House by St. Augustine Republican Kim Kendall.
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Diane Rado for questions: info@floridaphoenix.com. Follow Florida Phoenix on Facebook and Twitter.
Subscribe to Orlando Weekly newsletters.
Follow us: Apple News | Google News | NewsBreak | Reddit | Instagram | Facebook | Bluesky | Or sign up for our RSS Feed
This article appears in Mar 5-11, 2025.