Florida has stringent DUI laws that aim to maintain safety on the roads by penalizing impaired driving. DUI stands for "Driving Under the Influence," and it typically involves alcohol consumption.
However, a DUI charge can extend to other substances that impair a driver’s ability. A driver could have ingested a substance that is perfectly legal and still face consequences.
Kava bars are becoming more popular in Naples and Fort Myers. These establishments are often considered “sober bars,” but that is a misleading term. Kava does affect the human body, and it could impair someone’s driving. This article explores how drinking Kava tea could be used against you to create a DUI charge in Florida.
What is Kava Tea?
Kava tea has a rich history rooted in South Pacific cultures. Islanders consume kava for social and medicinal purposes. Preparing kava involves grinding the root of the kava plant. Then, it is mixed with water to create a mud-like beverage.
Kava’s effects can vary. Some users report feeling calm and relaxed, and others might experience drowsiness or mild euphoria.
However, excessive consumption might lead to lethargy or impairments akin to mild intoxication. These effects raise concerns about its impact on motor functions.
Understanding DUI Laws in Florida
In Florida, DUI refers to operating a vehicle while impaired by alcohol or other substances. The legal limit for blood alcohol content (BAC) is 0.08%. However, authorities can charge you with a DUI even if your BAC is below this threshold. They can do so by determining whether your driving seems impaired.
The statute covers alcoholic beverages, chemical substances, and controlled substances. The law permits police officers to arrest drivers if they suspect any impairment influences driving ability. Therefore, if police believe that drinking kava led to poor driving, they can arrest that driver for a DUI.
Florida law does not explicitly mention kava as a prohibited substance under DUI regulations. However, officers have a lot of room to discern whether a substance impairs driving. Arrests for non-alcoholic DUI offenses rely on observable behavior. Thus, kava consumers must remain vigilant and judicious when driving afterward.
Kava Tea and Impairment
Studies on kava’s impact on motor skills reveal mixed results. Some researchers have found kavalactones, kava’s active compounds, may impair motor skills and cognitive functions.
The effects largely depend on dosage and individual tolerance. Unlike alcohol’s predictability, kava might impair drivers differently. In some scenarios, kava might decrease mental alertness or slow reaction times.
Penalties for Driving While Impaired in Florida
In Florida, the consequences of driving while impaired can be severe. A first-time DUI offense may include fines ranging from $500 to $1,000 and up to six months in jail. It may also include penalties such as license suspension for up to one year and mandatory completion of a DUI program.
Subsequent offenses lead to harsher penalties. Fines can increase, and imprisonment terms may extend significantly. Repeat offenders might also face longer license suspensions, vehicle impoundment, and the requirement of an ignition interlock device.
Moreover, a DUI conviction can impact future employment opportunities and result in increased insurance premiums.
The Importance of Staying Silent
When stopped by police under suspicion of DUI, exercise your right to remain silent. Always provide documents such as your driver's license and registration, and answer their questions politely. However, you must refrain from incriminating yourself.
Officers might use leading questions, aiming to obtain an admission of drug or alcohol use. Admitting to drinking kava might serve as evidence against you.
Do not disclose details about substances you consumed, even a legal one. Doing so helps preserve your rights and limits legal exposure. Silence minimizes risks, and smart interactions with law enforcement protect your interests during roadside encounters.
If you are facing DUI charges, Law Offices of Cavanaugh & Cavanaugh, P.A. can help. We are here to defend you and protect your rights, so contact us online or call us right away at (239) 309-2006.