A person can be convicted of DUI by prescription drugs. Some people do not realize that until it is too late. If you are reading this blog, then likely you or someone you know discovered the hard way that you can be arrested for DUI if impaired by any one of a long list of prescription drugs. In Florida, DUI stands for “Driving Under the Influence”. The influence can be of alcohol or drugs that are illegal narcotics or prescriptions. A DUI can be a felony in Florida.
To prove impairment, the State will have to show that a person’s normal faculties were affected to the point that they could not perform normal tasks such as walking, talking etc. For example, the video of the person arrested for DUI might show that they can barely stand or talk. In addition, the officer’s testimony or their opinion will be used as evidence to prove a DUI.
If a police officer has a reason to believe that a person is impaired by drugs instead of alcohol, then in some circumstances, the law permits that they request a urine sample. If the request for a urine sample is lawful and the opportunity to provide a urine sample is refused, then your license can be suspended for a refusal to submit to testing. Urine test results can be challenged in court if you have assembled the right legal team. This will usually require an expert to educate the jury on the failings of the type of test the State of Florida performs on the urine sample.
Several drugs can be found in drivers and lead to a charge of DUI by drugs or prescriptions. Drugs listed are marijuana or cannabis, cocaine, alprazolam (Xanax), oxycodone (Percocet) or some other form of oxy, hydrocodone, morphine or other opiate, mescaline etc, the list is contained in Florida Statutes section 893.03 and contains literally hundreds of prescription drugs and illegal drugs or narcotics.
It is important to only take prescription drugs as prescribed and to follow all the traffic laws. The best way to avoid a DUI is to not be arrested in the first place. However, if you or someone you know has been arrested for DUI by drugs or alcohol, then there are defenses that can be raised. The case is not lost just because a listed chemical was found in the urine or blood. Please click, call or fill out the form to the right for a consultation and to hire me in your DUI.