How Common is Drug-Impaired Driving?

Steven A. Bagen | August 13, 2025 | Uncategorized

According to the 2021 National Survey on Drug Use and Health, an estimated 11.7 million Americans drove under the influence of illicit drugs, including marijuana. Tragically, drug impairment is a factor in a substantial number of fatal car crashes, with some studies showing nearly 44% of drivers in fatal crashes tested positive for drugs.

Proving a driver was impaired by drugs is far more complicated than showing they were drunk. There is no simple roadside test like a breathalyzer for most substances.

Getting to the heart of the accident is not your burden to bear while you are recovering from an injury. Our role is to take on the intricate work of investigation and legal strategy so you can focus entirely on your health.

Call the team at Steven A. Bagen & Associates, P.A. for a free, no-obligation consultation about your accident at (800) 800-2575.

Who is Driving Impaired? A Look at the National Numbers

In a single recent year, millions of people admitted to driving under the influence. The National Survey on Drug Use and Health revealed that alongside 13.5 million people who drove after drinking alcohol, 11.7 million drove under the influence of selected illicit drugs.

The Rise of Cannabis-Impaired Driving

With changing laws and social norms, cannabis has become increasingly prevalent on our roads. One study of injured drivers arriving at trauma centers found that THC, the active component in marijuana, was the most commonly detected substance—even more so than alcohol. A National Roadside Survey found that 12.6% of weekend nighttime drivers tested positive for marijuana, a significant increase from previous years..

The Polydrug Problem

It is increasingly common for impaired drivers to have multiple substances in their system, a dangerous practice known as polydrug use. One report from the Governors Highway Safety Association found that of the fatally-injured drivers who tested positive for drugs, over half were positive for two or more drugs. 

Why a Drugged Driving Case Is Not Like an Alcohol DUI Case

Beyond the Breathalyzer

Most people are familiar with the .08 Blood Alcohol Concentration (BAC) limit, a clear, legally defined standard for alcohol intoxication. For other drugs, however, the situation is much murkier. There is, in many cases, no universally agreed-upon per se limit—a specific amount of a substance in the body—that automatically proves a driver was impaired under the law. This makes proving a drugged driving case inherently more challenging.

The Evidence Window Slams Shut

The impairing effects of many drugs fade relatively quickly, even if traces, or metabolites, of the substance remain in a person’s system for days or even weeks. This creates a very small window for law enforcement to gather the right kind of evidence—typically a blood or urine test—that can prove the driver was actively impaired at the exact time of the crash. Any delay weakens the connection between the substance and the driver’s actions.

Masters of Deception

Unlike the obvious signs of alcohol intoxication, like stumbling or slurred speech, impairment from substances like marijuana, prescription pills, or other drugs can be subtle. A driver might not display clear outward signs of being under the influence, making it harder for an officer at the scene to establish probable cause for a chemical test. An insurance company can later exploit this subtlety to deny the role of impairment in causing the accident.

What You Can Do From Home to Strengthen Your Claim

Now that you are home and safe, there are proactive steps you can take. Think of this as gathering the initial pieces of a puzzle that your legal team will later assemble into a clear picture for the insurance company or a jury.

Document Your Recollection

While the memory is still fresh, write down every detail you can recall about the other driver. Focus on their behavior, their physical appearance, and anything they said immediately before or after the collision. Did their pupils seem unusually large or small? Did their speech seem rapid or strangely slow? Was there an odor of marijuana coming from their car? 

Continue All Medical Treatment

This is the most important step for both your physical recovery and the health of your legal claim. Consistently attending your medical appointments and following your doctor’s treatment plan creates an official, unbroken record. This documentation becomes the cornerstone of a personal injury claim, as it directly links the injuries you sustained to the negligence of the other driver.

Do Not Speak to Their Insurance Adjuster

Expect a call from the at-fault driver’s insurance company, but understand their objective: to obtain a recorded statement from you. Adjusters are trained to ask questions that may lead you to unintentionally say something that could damage your case. The best course of action is to politely decline to provide a statement and inform them that all future communication should be directed to your legal counsel.

How We Build a Case When Drug Impairment is Suspected

This is where our firm takes over the burden.

Obtaining the Official Records

The first action we take is to secure the complete and official police report. We scrutinize every line, looking for any notes—no matter how seemingly insignificant—about the officer’s observations of the driver, the results of any field sobriety exercises, or whether a specially trained Drug Recognition Evaluator (DRE) was called to the scene to assess the driver.

Preserving Evidence

Time is of the essence. We immediately issue a spoliation letter to the at-fault driver and their insurance provider. This is a formal legal demand that they must preserve evidence related to the crash. This includes the vehicle itself, which may need to be inspected, and the data from its event data recorder (or “black box”), which can provide objective information about the vehicle’s speed and braking patterns just before impact.

Digging Deeper

A single crash is often part of a larger pattern. Our investigation extends to the at-fault driver’s public records, searching for prior DUI convictions or other drug-related offenses. Establishing a history of such behavior might be instrumental in demonstrating a pattern of recklessness to a jury, which is particularly relevant when pursuing certain types of damages.

Uncovering the Full Story with Experts

When the evidence points toward drug use, we collaborate with a network of highly qualified professionals to explain the science behind the crash.

• Toxicologists analyze the results of a blood or urine test and explain to a jury, in clear terms, how the specific drug and its concentration would concretely affect a person’s reaction time, perception, coordination, and judgment.
• Accident reconstructionists use physics, engineering, and investigative techniques to create a detailed, scientific model of the crash. This powerfully demonstrates that the at-fault driver’s actions—or inactions—were inconsistent with those of a sober, attentive person.

What Does “Impaired” Actually Mean in Florida?

Florida’s DUI statute is broad and designed to cover any substance that affects your ability to drive safely. 

Florida Statutes § 316.193 makes it illegal for a person to drive or be in actual physical control of a vehicle if their “normal faculties are impaired” by any chemical or controlled substance. This is the core of a drugged driving claim.

But what does the law mean by “normal faculties”? It’s a legal concept that, in simple terms, refers to a person’s capacity to perform the everyday mental and physical acts of daily life. This includes the ability to see, hear, walk, talk, judge distances, make judgments, and react appropriately in emergencies—all skills that are essential to operating a motor vehicle safely. Our job is to show how the drugs consumed by the at-fault driver compromised one or more of these abilities, directly leading to the crash that caused your injuries.

What Compensation Can You Pursue?

The goal of a personal injury claim is to secure compensation to help make you whole again. In Florida, this compensation, referred to as damages, is typically divided into three categories.

Economic Damages

These are the most straightforward damages, as they represent tangible, calculable financial losses that have resulted from the accident. They include:

• Medical Bills: This covers all reasonable and necessary medical care, from the initial emergency room visit to ongoing physical therapy, future surgeries, and prescription costs.
• Lost Wages: This compensates you for the income you have already lost because your injuries prevented you from working. It also includes “loss of earning capacity,” which accounts for the wages you are likely to lose in the future due to a long-term or permanent disability.

Non-Economic Damages

This category addresses the immense human cost of an accident—the losses that don’t come with a price tag but are just as real. These damages are for:

• Pain and Suffering: This compensates you for the physical pain and emotional distress you have been forced to endure because of the accident and your injuries.
• Loss of Enjoyment of Life: This addresses how the injuries have rewritten every aspect of your life, taking away your ability to participate in hobbies, activities, and relationships that once brought you joy.

Punitive Damages

In cases involving particularly shocking or reckless behavior, such as a driver making the conscious decision to get behind the wheel while impaired by drugs, Florida law may allow for the pursuit of punitive damages. 

Unlike the other damages, these are not meant to compensate you for a loss. Instead, their purpose is to punish the wrongdoer for their egregious conduct and to deter others in the community from engaging in similar destructive behavior. Successfully pursuing these damages requires meeting a high legal standard, but in the right case, it is a powerful tool for accountability.

Let Us Shoulder the Burden While You Heal

The science of drug impairment is complex and the legal hurdles are specific, but they are hurdles we have cleared for clients before. Your recovery should be your only priority.

Don’t wait for evidence to fade or for an insurance company to dictate the value of your health. Call Steven A. Bagen & Associates, P.A. now at (800) 800-2575 to have your case reviewed for free.

FAQ for Florida Drug-Impaired Driving Accidents

Can I still have a case if the police didn’t charge the other driver with DUI?

Yes, absolutely. A criminal DUI prosecution and your civil personal injury claim are two entirely separate legal proceedings. They have different goals and, most importantly, different standards of proof. 

• To convict someone of a crime, the state must prove its case “beyond a reasonable doubt.” 
• For your civil claim, we only need to prove by the “greater weight of the evidence” that the other driver’s impairment caused the accident. This is a lower threshold, meaning we can, and often do, succeed in a civil claim even when the driver was never arrested or was acquitted of the criminal charge.

The other driver was using a legal prescription. Does that matter?

No, a prescription is not a free pass to drive impaired. Many legal, prescribed medications carry explicit warnings about operating heavy machinery because they can cause drowsiness, dizziness, or slowed reaction times. The law is concerned with the effect of the substance, not its legality. If a medication, even one prescribed by a doctor, diminishes a person’s normal faculties to the point that they cannot drive safely, they can be held liable for any crash they cause.

What if the driver was impaired by medical marijuana, which is legal in Florida?

The legal analysis here is the same as it is for any other prescription medication. The legality of the substance is not a valid defense against liability. The central question remains: was the driver’s ability to operate their vehicle safely compromised? If their normal faculties were impaired by the use of medical marijuana, they are responsible for the harm that results from their decision to drive. Period.

How does Florida’s No-Fault insurance system affect my accident claim?

Florida’s no-fault law requires all drivers to carry Personal Injury Protection (PIP) insurance. This coverage provides the first $10,000 for your medical bills (at 80%) and lost wages (at 60%), regardless of who caused the accident. However, when you have suffered a serious or permanent injury, the law allows you to step outside of the no-fault system and file a claim directly against the at-fault driver. In this claim, you can pursue the full extent of your damages, including those for pain and suffering, that are not covered by your PIP benefits. 

How long do I have to file a lawsuit after a car accident in Florida?

In Florida, the deadline for filing a personal injury lawsuit, known as the statute of limitations, is now generally two years from the date of the accident. While that may seem like a long time, it is not. Evidence in a drug-impaired driving case, such as toxicology reports and witness memories, degrades or disappears quickly. Contact legal counsel as soon as possible to ensure that your rights are protected and that a thorough investigation begins long before the deadline approaches.