Illegal or Prescription Drug DUI
Tampa Attorney for Illegal or Prescription Drug DUI Cases
Driving under the influence (DUI) in Florida can result from either intoxication due to alcohol consumption or because of impairment due to illegal drugs, prescription drugs, or even over-the-counter drugs or medication. DUI drug cases typically involve chemical tests of your blood or urine. Contact a Tampa DUI Lawyer experienced in fighting DUI cases that involve allegations of illegal, prescription, or over-the-counter drugs or medications.
DUI drug cases are typically more difficult for the prosecutor to prove at trial because they tend to require more testimony from expert witnesses. In many of these case, the defense is served well by hiring their own expert witness that can contradict the State's theory of the case and hopefully aid in getting the prosecutor to drop or reduce the charges before trial. In the event that the case does go to trial, the expert testimony from a defense witness is extremely important in DUI cases involving impairment from drug use. Prosecutors in Hillsborough County, Florida, and the surrounding counties of Polk County, Pasco County, Hernando County, Sumter County, Pinellas County, and Manatee County, aggressively prosecute drug DUI cases.
Prescription and Over-the-Counter Drug Cases
Many common prescription and over-the-counter drugs can cause driver impairment and affect the driver's normal faculties, such as the driver's ability to talk, walk, and make emergency decisions. Many people are surprised to learn that prescription drugs or over the counter medication can lead to a DUI arrest. Many over the counter medications can have a tremendous impact on your ability to drive, particularly when that medication is mixed with any other drug or an alcoholic beverage.
If the officer suspects that you are under the influence of any illegal drug, prescription medication or over the counter drug, the officer may request a breath test, followed by a urine or blood test. Additionally, the officer may ask you questions about what medication you took, the dosage, and the times that the medication was taken. If you are stopped by the police for DUI because the officer suspects you are under the influence of any illegal, prescription, or over-the-counter medication, you are not required to answer any questions about the drugs or medications that you are taking.
Illegal Drugs and DUI
Of course, if you use illegal drugs and then drive under the influence of those illegal drugs you can be arrested for DUI. However, in many cases, the illegal drugs will show up in your blood or urine hours or even days after the effect of the drug has worn off and could not have contributed to any poor driving patern. For instance, in DUI cases involving the presense of a marijuana, a certain marijuana metabolite - Delta 9 Carboxy THC - will often show up in the blood or urine of the driver. However, in most cases this evidence is not admissible at trial because this metabolite can stay in the blood or urine or days or even weeks after the marijuana was consumed.
See Estrich v. State, 995 So.2d 613 (4th DCA, November 26, 2008)(in Florida DUI manslaughter and leaving the scene of a crash involving a death the conviction was reversed because no evidence about the marijuana metabolite should have been admitted at the trial since it was irrelevant to the issue of DUI impairment).
Prescription medications that can lead to a DUI arrest in Florida:
Medication to alleviate panic attacks, anti-depression, anti-anxiety, sleep and pain medication can cause adverse side-effects including fatigue, confusion, sleepiness, or lack of coordination. Prescription medications in DUI cases can include Valium, Ambien, Vicodin, Percocet, OxyContin (oxycodone), Darvocet and Xanax.
Many individuals that take these prescription medications may develop a tolerance depending on the length of time that they have taken the medication and the dosage of the medication. In many of these cases the medications are being taken as prescribed. Medical issues or disabilities may explain a poor performance on a field sobriety exercise.
Over-the-counter medications that can lead to a DUI arrest in Florida:
Allergy, cold, flu or pain medication such as Dimetapp, Benadryl which can cause sleepiness, lack of coordination, vertigo and confusion. Many individuals taking these over-the-counter medications do so on a short term basis and are not accustomed to the intoxicating effects of the medications. Many individuals take an over-the-counter medication without even thinking about how that medication might effect their driving.
Defending DUI Drug Cases in Florida
If your doctor has prescribed medication, think carefully about whether you are able to drive after taking that medication. Be aware that other drugs or even a small amount of alcohol that drastically compound the impact of that your medication might have on your ability to drive safely. If you were arrested for DUI Drug under Florida law in Hillsborough County, Pasco County, Pinellas County, or Polk County, call an attorney to discuss your case during a free consultation at 813-250-0500.
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DUI Information Center
Florida DUI Penalties - Read more about the penalties or potential punishments that can result from a drunk driving or D.U.I. arrest and conviction under Florida law.
Hillsborough County DUI - Find out more about how drunk driving and DUI drug cases are prosecuted in the Thirteenth Judicial Circuit for Hillsborough County, Florida.
Defending Women Against DUI - Women are being arrested in greater numbers in Hillsborough County, Florida, for driving while impaired by a controlled substance (Drug DUI), particular in prescription drug cases.
DUI Refusal Cases - After an arrest for driving while impaired by a controlled substance (Drug DUI), many individuals refuse either the breath test, or a request by the law enforcement officer for a urine test to check for the presence of a controlled substance.
DUI Roadblock or Checkpoint Cases - In many DUI roadblock of checkpoint case, the driver is stopped even though the driver did not commit any traffic offense or show any driving pattern that indicated a sign of impairment. If the driver is subsequently arrested for drug DUI, special defense may exist to fight the charge.
Felony DUI with Serious Bodily Injury - An arrest from driving while impaired by a prescription or illegal drug may occur after a traffic crash. Find out more about felony DUI charges that can result from an accusation of driving while impaired by a controlled substance.
DUI Administrative Hearings - Even in DUI cases involving drug impairment, your driver license may be suspended if you do not act quickly to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles.
FR-44 Insurance - After a DUI drug conviction, you are likely to suffer a tremendous increase in your insurance premiums. Find out more about the impact a DUI drug conviction may have on your auto insurance.
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