When people hear 'impaired driving,' they picture a drunk driver. But research on seriously injured crash victims has found that more than half of drivers involved in serious crashes tested positive for at least one impairing substance — alcohol, cannabis, opioids, stimulants, or sedating medications. Impairment on our roads is broader, and more common, than most people realize.
Alcohol remains the biggest killer, and the law treats it severely: driving with a blood alcohol concentration of 0.08 or higher is illegal in Florida, Georgia, and New York, and drunk drivers who injure others face both criminal prosecution and civil liability — including potential punitive damages designed to punish the conduct.
Drugged driving is rising fast. Cannabis slows reaction time and distorts perception of speed and distance. Opioids and benzodiazepines cause drowsiness and impaired judgment. Unlike alcohol, there's no roadside number for most drugs, which makes these cases more investigation-intensive — toxicology, driving pattern evidence, and witness testimony all matter.
The most overlooked category is over-the-counter medication. Sedating antihistamines like diphenhydramine (found in many allergy, cold, and sleep products), motion sickness drugs, and some cough medicines carry explicit warnings against driving. A driver who ignores those warnings and causes a crash is negligent — the fact that the drug was legal and non-prescription is no defense.
For victims, impairment evidence changes everything. It can defeat comparative fault arguments, support punitive damages, and in dram shop cases may create liability for bars that served an obviously intoxicated driver. Preserving toxicology results, criminal case records, and receipts requires acting quickly.
If you were hit by an impaired driver — drunk, drugged, or medicated — in Florida, Georgia, or New York, you may be entitled to significantly more than a standard claim. Contact us for a free consultation.
