An arrest for DUI can already be a stressful and confusing experience. When drugs enter the equation, whether they are prescription drugs or controlled substances, this makes it an even more severe problem. In situations involving illegal substances, you may also face separate drug related charges.
The law enforcement officer may detect the presence of drugs through a chemical test done with breath, blood, or urine. If the officer has probable cause to believe there are drugs present in the vehicle, the presence of drugs may be discovered in a more direct manner. However, since there is no “magic number” to prove toxicity as in the case of a .08 alcohol level, your alleged use of the drug may be hard for the prosecution to prove, especially with an experienced attorney at your side.
If you or a loved one has been arrested for driving under the influence of drugs in Florida, it’s critical to consider your legal options. As a dedicated Jacksonville DUI lawyer and former research scientist, Bill Roelke understands many of the elements unique to cases involving chemical testing. His experience can prove an asset in weakening the prosecution’s case against you since the chemical test and field testing are often the central points of evidence.
Bill Roelke represents clients throughout Northeast Florida, including those arrested for driving under the influence of drugs in Duval County, St. Johns County, Clay County, and Nassau County. Roelke’s attention-to-detail and drive for transparency can be seen from the moment of your first consultation. By calling (904) 354-0333 or sending an online message, you will receive a personal and honest review of your legal options. Contact today for more information and a free consultation.
Under Florida Statute § 316.193, you can be charged with driving under the influence (DUI) of drugs if your normal faculties are impaired due to taking a controlled substance when you are in actual physical control of a vehicle. Actual physical control means that you are in a car, able to operate it, or in close enough proximity to the vehicle to operate it. You can even be charged with a drug DUI if you are in a parked vehicle, asleep, or otherwise not driving the vehicle but still in “actual physical control.”
Common penalties for a drug related DUI in Florida may include:
The specific penalties involved depend on both the severity and repeat nature of the offense, among other factors. For example: a person charged with a first DUI in Jacksonville can face up to $1,000 in fines and / or at most 6 months in jail. A third DUI offender may face up to 5 years in prison and / or up to $5,000 in fines. Penalties may be enhanced if there was property damage, severe bodily injury, or the death of another person involved.
While marijuana (also called weed, pot, and cannabis) has seen growing acceptance medicinally and to some extent recreationally throughout the nation, it is still very much illegal in Florida. Driving under the influence of marijuana can be an extremely serious offense. It is also a drug that is easier to distinguish due to its potent odor and affects, prompting the law enforcement officer to search your vehicle under probable cause. Other drugs commonly used include:
However, it is also possible to be arrested for using a prescription drug or even an over-the-counter medication that impairs your judgment. This may include Vicodin, Ambien, diphenhydramine (used in painkillers such as Tylenol), Valium, Codeine, Morphone, OxyContin, Pseudoephedrine, and other drugs.
Don’t let an arrest for driving under the influence of drugs in Jacksonville or the surrounding areas escalate into a life altering situation. With the rising use of background checks, a conviction can serve as a roadblock for many future career paths or even current professional licenses. Bill Roelke aggressively defends the futures of individuals charged with a drug DUI in Jacksonville, Atlantic Beach, Jacksonville Beach, Orange Park, St. Augustine, Fernandina Beach, Lakeside, Hilliard and surrounding areas. He fights for favorable outcomes, including case dismissal, not guilty verdicts, acquittals, reduced charges, and other options. Contact Roelke Law today and learn more about your defense options.
