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What to Know About Drug DUI Charges in Florida

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Being charged with a DUI can be a confusing and stressful experience, especially when the charge involves drugs rather than alcohol. Florida law has specific statutes regarding driving under the influence of controlled substances, and the legal process can be challenging to navigate without a clear understanding of what a person is up against.

If you have been arrested or charged with a drug DUI in Jacksonville, Duval, St. Johns, or Clay County, understanding the law is the first step toward building a defense and protecting your future. This guide provides the essential information you need to know about drug DUI charges in Florida.

If you or a loved one is facing a drug DUI charge, do not delay. Your legal rights and future are at stake. Contact a determined criminal defense attorney today by calling (904) 507-6194 or by filling out our online contact form.

What Is a Drug DUI in Florida?

In Florida, a person can be charged with a DUI if they are found to be driving or in actual physical control of a vehicle while under the influence of alcohol, any chemical substance, or a controlled substance to the extent that their normal faculties are impaired. A person's “normal faculties” include the ability to see, hear, walk, talk, judge distances, drive an automobile, make informed judgments, and generally perform the many mental and physical acts of daily life.

Drug DUIs differ from alcohol-related DUIs in a few key ways. With alcohol, a blood alcohol concentration (BAC) of 0.08% or higher is considered a per se violation, meaning a person is legally presumed to be impaired. With a drug DUI, there is no comparable legal limit.

The prosecution must prove that the drugs in a person’s system actually impaired their ability to drive. This often involves the use of Drug Recognition Experts (DREs) who are trained to identify signs of drug impairment through a series of tests and observations.

Common Types of Drug DUI Charges

A drug DUI charge can involve a wide range of substances. A person can be charged with a drug DUI even if the substance they consumed was a legally prescribed medication if it impairs their ability to drive safely. Some of the common drug DUI charges handled by our firm include:

  • BUI (Boating Under the Influence): A person can face charges for operating a vessel while under the influence of drugs.
  • Aggravated DUI: This is a more serious charge that can occur under certain circumstances, such as a person driving with a minor in the vehicle or causing serious bodily injury to another person.
  • Drug DUI: This is the general charge for driving while impaired by a chemical or controlled substance.
  • Multiple DUI: A person can face more severe penalties if they have prior DUI convictions on their record.
  • Underage DUI: While a person under 21 years old can be charged with an alcohol-related DUI for a BAC of 0.02% or higher, they can also face drug DUI charges if they are found to be impaired by drugs.
  • Felony DUI: A person can be charged with a felony DUI if they have three or more prior DUI convictions or if the current charge involves serious bodily injury or death to another person.
  • First Offense DUI: Even a person's first DUI charge can lead to serious consequences, including fines, license suspension, and possible jail time.

Each of these charges requires a specific legal approach. It is crucial to have a legal team that understands the nuances of each type of case to build a comprehensive defense.

What Are the Penalties for a Drug DUI?

The penalties for a drug DUI in Florida are serious and can significantly impact a person's life. The severity of the penalties depends on several factors, including whether it is a person's first offense, if there was an accident involving injury or death, and if there was a minor in the vehicle. Here are some of the potential consequences a person may face:

  • Driver’s License Suspension: A conviction will result in a mandatory suspension of a person's driver's license, with the duration increasing for repeat offenses.
  • Jail Time: Even a first-offense DUI can carry a jail sentence, while subsequent convictions or cases involving aggravated circumstances can lead to a state prison sentence.
  • Fines: The fines associated with a drug DUI can be substantial, and they often increase with each subsequent conviction.
  • Probation: A person may be placed on probation for a period of time, which can include conditions such as attending substance abuse programs, performing community service, and random drug testing.
  • Vehicle Impoundment: A person's vehicle may be impounded for a period of time, especially after a second or subsequent conviction.
  • Mandatory DUI School: A person will be required to attend and complete a state-mandated DUI school.

These penalties are not merely inconveniences; they can severely restrict a person's freedom and financial stability. A determined legal defense is essential to challenge these charges and work to mitigate the potential consequences.

Building a Strong Defense Against a Drug DUI

Facing a drug DUI charge in Florida requires a strategic and determined legal defense. Unlike alcohol DUIs, where the evidence often centers on a breathalyzer test, a drug DUI case often relies on circumstantial evidence and the observations of law enforcement. There are several potential defense strategies a skilled attorney can use to challenge the prosecution’s case.

  • Challenging the Traffic Stop: A police officer must have a valid legal reason, or “probable cause,” to pull a person over. If the initial traffic stop was unlawful, any evidence collected afterward may be inadmissible in court.
  • Contesting the Field Sobriety Tests (FSTs): FSTs, such as the walk-and-turn or one-leg stand, are often used to establish impairment. However, a person's performance can be affected by factors other than drug use, such as physical disabilities, medical conditions, or even nervousness.
  • Questioning the Drug Recognition Expert (DRE): The training and methods of a DRE can be scrutinized. A defense attorney can challenge the officer’s testimony and the validity of their conclusions, arguing that their assessment was flawed or improperly administered.
  • Suppressing Chemical Test Results: If a person's blood or urine sample was not collected or handled properly, the results of those tests may be challenged. An attorney can also argue that the test results were not conclusive or do not prove that a person was impaired at the time of driving.

Each case is unique, and the best defense strategy will depend on the specific facts and circumstances of a person's arrest. A comprehensive review of all the evidence, from the police report to the chemical test results, is necessary to identify the most effective course of action. You can learn more about how our firm handles these matters by visiting our drug DUI service page.

Confident Legal Guidance for Your Drug DUI Charge in Jacksonville, FL

A drug DUI charge carries the potential for life-altering consequences. It is a time when having a confident, supportive, and knowledgeable legal ally is a necessity. Our firm is dedicated to providing robust defense for those accused of crimes in Jacksonville, Duval, St. Johns, and Clay County.

We are ready to stand with you, evaluate your case with a determined approach, and fight to protect your rights and future. The time to act is now.

Contact Monroe Law, P.A. today by calling (904) 507-6194 or by filling out our online contact form to schedule a consultation and begin the process of building your defense.