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The National Institute of Drug Abuse reported on a nationwide study of fatal crashes which was conducted in 2013. This study showed that 46.5 percent of drivers who tested positive for drugs had used a prescription drug, 36.9 percent had used marijuana, and 9.8 percent had used cocaine. Of the 46.5 percent, the most common prescription drugs found were: 

• alprazolam (Xanax®)—12.1 percent
• hydrocodone (Vicodin®)—11.1 percent
• oxycodone (OxyContin®)—10.2 percent
• diazepam (Valium®)—8.4 percent 

Every day, reports the National Safety Council, 52 people die from opioid pain medications. Every year, 47,000 die from a drug overdose, mostly from prescription pain medications. Misuse and abuse of opioid painkillers is the fastest growing drug problem in the United States. 

Why has driving under the influence of drugs become such a growing problem? 

The Governors Highway Safety Association (GHSA) report shows that drivers on drugs are becoming more of a problem than drunk drivers.  One of the two primary reasons drugged drivers are becoming a bigger problem includes a quadrupling in prescription drug use since 1999.

GHSA says that prescription medications are more frequently impairing drivers both knowingly and unknowingly. They might be taking one medication prescribed to them by their doctor, and then use an over-the-counter drug, which in combination can cause impairment. Or they might take an over-the- counter medication such as one for allergies, and then have an alcoholic beverage, the combination of which heightens the effects of each. Prescription drugs also are increasingly being used by teenagers to get high for the first time; every day about 2,000 of them do so nationally.

The effects of specific drugs differ depending on how they act in the brain. Many prescription drugs can slow reaction time, impair judgment of time and distance, and decrease motor coordination. Certain kinds of sedatives, called benzodiazepines can cause dizziness and drowsiness, which can lead to accidents, according to the Centers for Addiction Recovery. 

Why aren’t stronger legal measures being taken? 

There are efforts to more accurately account for drugged driving; however, many incidents can go unreported because of how the cases are processed, says AAA Auto Club South. The incidents usually also involve alcohol, and alcohol impairment is easier to prove (via a portable breathalyzer). Proving one is impaired due to drugs is much more time consuming and difficult, according to Florida Senior Judge Karl Grube, who served as judicial liaison for NHTSA and the State of Florida. Unfortunately, quick and easy breathalyzer tests, routinely used in drunken driving arrests, do not work in drug cases. Instead, blood samples must be sent to the state crime laboratory. 

In Florida a person is guilty of a DUI if he or she is driving under the influence of any controlled substance to the extent that the person's normal facilities are impaired. If a death or serious bodily injury results, a chemical test is required, and an officer may use reasonable force if necessary to obtain a blood sample if the driver refuses. Id. § 316.1933 [8] 

“Spivey Law Firm, Personal Injury Attorneys, P.A. has seen the results of accidents caused by drugged drivers. Contact our experienced team to determine your rights. You pay no attorney’s fees or costs unless we recover money for you,” said Fort Myers Personal Injury Attorney, Randall Spivey. 

Fort Myers Personal Injury Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.