MEANING OF IMPAIRMENT
If you ask 10 people to define impairment you will probably get answers such as slurred speech, stumbling, falling, glassy eyes, swaying, loss of balance, tipping over, etc.
We can all agree that these may be the obvious or overt clues of impairment or drunk behavior however what are the other clues of impairment which you may not be aware of.
Florida law has defined impairment as a diminishment in some “material way” of one’s normal faculties. Normal faculties are one’s ability to “to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.”
The act of driving a motor vehicle requires many mental and physical tasks such as reacting to traffic signs, signals, oncoming traffic, steering, braking, avoiding other hazardous situations, driving in inclement weather, the ability to see other drivers, pedestrians, traffic, objects, and the list can go on. Certainly, if one’s faculties are impaired, the ability to react appropriately may be diminished.
Be safe out there and think before you drink and have a plan to get to and from.
The purpose of this blog is to provide information to help make our roads a safer place.
If you have been arrested for Driving Under the Influence my office will provide a free consultation to discuss the process and your legal rights.