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Jacksonville Drug DUI Defense Attorney

Have You Been Charged with DUID in Florida? Call Our Firm for Help!

If you have been arrested for driving under the influence of drugs (DUID), you need an aggressive Jacksonville drug DUI defense attorney to fight for you. A conviction for drug DUI can carry severe consequences, affecting your ability to work and make life-changing decisions. At Monroe Law, P.A., our Jacksonville DUI lawyer has handled hundreds of cases and never lost a case at trial.

Have you been arrested for a DUI involving drugs? Contact our Jacksonville DUID lawyer for a free consultation.

What Is Considered a Drug DUI in Florida?

In Florida, DUI charges can result not only from driving under the influence of alcohol but also from operating a vehicle while impaired by controlled substances, prescription medications, or even over-the-counter drugs that affect your ability to drive safely. The law does not differentiate between illicit drugs and legal substances when it comes to DUID charges; any substance that impairs your driving ability can lead to arrest and prosecution.

What Substances are Commonly Associated With Drug DUI Incidents?

In drug DUI incidents, various substances can be commonly associated with impairment leading to unsafe driving conditions. 

Here are some substances frequently linked to drug DUI incidents:

  • Marijuana: Cannabis, including marijuana and hashish, is one of the most commonly detected drugs in drug-related DUI cases due to its impairing effects on cognitive functions and motor skills.
  • Prescription Medications: Certain prescription drugs such as opioids, benzodiazepines, and sleep aids can cause drowsiness, dizziness, and impaired coordination, making them common contributors to drug DUI incidents.
  • Illegal Drugs: Substances like cocaine, methamphetamine, ecstasy (MDMA), and heroin are often linked to drug-related DUI incidents due to their stimulant or depressant effects on the central nervous system.
  • Synthetic Drugs: Synthetic substances like synthetic cannabinoids (K2 or Spice) and cathinones (bath salts) can lead to unpredictable and dangerous behaviors that increase the risk of impaired driving.
  • Over-the-Counter Medications: Some over-the-counter medications, including antihistamines, cough suppressants, and muscle relaxants, can cause drowsiness and other side effects that impair driving ability.
  • Combination of Substances: Mixing different substances, such as alcohol and drugs, or multiple drugs together, can amplify the impairing effects and significantly increase the likelihood of a drug-related DUI incident.
  • Inhalants: Household products like aerosols, nitrous oxide, and solvents, when inhaled for recreational purposes, can cause disorientation, hallucinations, and impaired judgment leading to unsafe driving behaviors.
  • Cannabidiol (CBD): While CBD is not psychoactive like THC, it can still affect an individual's cognitive functions and coordination, potentially leading to impairment while driving.

What Are the Penalties for a Drug DUI in Florida?

In Florida, DUI is a serious crime that comes with a range of penalties if convicted. The penalties you face will depend on the severity of your offense and whether or not it is a first-time DUI or the second or third DUI offense. 

The following is a list of the penalties for a first-time DUI conviction in Florida:

  • Up to 6 months in jail; up to 9 months if a minor was in the vehicle or the driver's BAC was at .15 or higher.
  • Fines from $500-$2,000 - this can be up to $4,000 if a minor was in the vehicle or the driver's BAC was at .15 or higher.
  • Driver's license suspension
  • Required DUI school
  • 50 hours of community service
  • 12 months probation 

How Can My Attorney Challenge a DUID in Florida?

Effectively defending against your drug DUI charges requires having a skilled lawyer who has a solid grasp on Florida's DUI laws. Attorney Monroe has experience helping clients fight against their DUI charges and can work with you to come up with a custom defense strategy for your case.

Our firm can challenge the following: 

  • Challenging the Traffic Stop: We can review the circumstances leading up to your arrest to ensure that the traffic stop was lawful and based on a valid reason.
  • Questioning Field Sobriety Tests: Field sobriety tests, often administered during a DUI stop, can be unreliable indicators of impairment. We may be able to challenge the accuracy and validity of these tests.
  • Challenging Blood or Urine Test Results: If your arrest involved a blood or urine test to determine drug impairment, our team will examine the testing procedures and results for accuracy and potential errors.
  • Establishing Lack of Impairment: If we can demonstrate that your ability to drive was not impaired by the drug in question, this can be a key defense strategy.
  • Medical Necessity: If you were using prescription medications, we may be able to argue that you were using them as prescribed and that you were not impaired while driving.
  • Constitutional Violations: Any violations of your constitutional rights during the arrest, such as improper search and seizure, may lead to the suppression of evidence.

How Can I Challenge a DUI Based on Marijuana Use?

You can challenge a DUI based on the use of marijuana in two different ways. First, you can argue that the police officer did not have probable cause to pull you over. Second, you can argue that the blood test results are inadmissible in court.

You can argue that the police officer did not have probable cause to pull you over if:

  • The police officer pulled you over for a minor infraction
  • The police officer did not witness you committing a traffic violation
  • The police officer did not see you driving erratically

If you can successfully argue that the police officer did not have probable cause to pull you over, then any evidence that was collected after that point may be inadmissible in court. This can include blood tests, field sobriety tests, and breathalyzer tests.

You can argue that the blood test results are inadmissible in court if:

  • You were not provided a proper Miranda warning
  • You were not given a breathalyzer test
  • The blood test was not taken within a reasonable amount of time

If the police officer did not provide you with a Miranda warning or if you were not given a breathalyzer test, then the blood test results may be inadmissible in court. In addition, if the blood test was not taken within a reasonable amount of time, then the results may not be admissible in court.

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