DUI Penalties, Priors & Felony DUI

What is a drug DUI and how do they prove it?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A DUI based on impairment by a substance other than alcohol, proven through officer observations, drug recognition evaluation, and chemical testing — none of which measures impairment directly.

The elements are the same as an alcohol DUI. What changes entirely is the proof.

There's no per se threshold for most substances, so the State generally has to prove actual impairment of normal faculties rather than a number. Its evidence typically comes in three layers: the arresting officer's observations, an evaluation by a drug recognition expert, and a urine or blood analysis.

Each layer has real limitations. Officer observations of non-alcohol impairment are less familiar territory than alcohol and more open to alternative explanations. The drug recognition evaluation is a structured protocol whose reliability depends on whether it was performed correctly. And chemical testing generally establishes presence rather than current impairment — some substances remain detectable long after any effect has ended.

That final gap is where these cases are usually fought. A positive result and impairment at the time of driving are different propositions, and the State has to prove the second.

Detection and impairment aren't the same finding, and that difference does real work here. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.