Miami Drug DUI Attorney

Lawyer for Charges of Driving Under the Influence of Controlled Substances in Miami, FL

A person does not necessarily have to be under the influence of alcohol to face charges of DUI. Driving under the influence of drugs can lead to the same criminal penalties as an alcohol-related DUI. Law enforcement officers are trained to identify signs of impairment caused by a wide range of substances, and the evidence they gather during traffic stops or after arrests can play a role in a DUI case.

At Stroleny Law: Criminal Defense Attorney, we help clients take steps to protect their rights and fight back against charges of driving under the influence of drugs. We work to reduce the impact of these charges and help our clients resolve DUI cases successfully. Whether a person has been arrested for driving under the influence of prescription medications, marijuana, or other substances, a strong defense can make the difference between a conviction and a dismissed charge.

Penalties for Drug DUI Charges

Under Florida Statutes Section 316.193, a person can be charged with DUI based on accusations that they had physical control of a vehicle while they were under the influence of any substance that affected their ability to drive safely. The same penalties will apply for a drug DUI conviction or an alcohol-related DUI conviction. For example, a first-time drug DUI can lead to fines of $500 to $1,000, a jail sentence lasting up to six months, a driver's license suspension for six to 12 months, and a minimum of 50 hours of community service.

For second or subsequent offenses, or if aggravating factors are present, the penalties can increase substantially. Mandatory jail time may be required, fines will be higher, and longer license suspensions may be imposed. An ignition interlock device may also be required once a person's driving privileges have been restored.

Unique Challenges in Drug-Related DUI Cases

The investigation and prosecution of drug DUI charges may differ from how alcohol-related DUI cases may be handled. One of the most notable aspects of drug-related DUI charges is that there is no established legal limit for intoxication by drugs. While a blood alcohol concentration (BAC) of 0.08 percent is the legal threshold for DUI charges, there is no equivalent limit for marijuana or other controlled substances. Because of this, determining whether a driver is impaired can be more subjective and more open to challenge.

Other issues that may affect drug DUI cases include:

• Variability in Effects: Drugs affect people differently depending on their body chemistry, tolerance, dosage, and other factors. A dose that causes impairment in one person may have little effect on another.
• Testing Limitations: While blood or urine tests may detect the presence of drugs, they do not always measure how recently the substance was consumed or whether it impaired the driver. Some drugs may remain in a person's system for days or weeks after use.
• Subjective Observations: Police officers will often rely on visual cues or a person's physical behavior to determine whether a driver is under the influence. These observations can be influenced by medical conditions, fatigue, or nervousness during a traffic stop.
• Drug Recognition Experts (DREs): Some cases involve evaluations by officers who are trained to determine whether a person is intoxicated due to the use of drugs. While DREs are taught to identify signs of drug impairment, their assessments are subjective, and they may be challenged in court.

Because of these issues, defending against drug DUI charges will require a detailed analysis of the evidence and an understanding of the limitations of chemical testing and the subjectivity of observations by police officers.

The Role of Chemical Testing in Drug DUI Cases

When police suspect that a driver is impaired by drugs, they may request a urine or blood test instead of, or in addition to, a breath test. Blood tests are considered more accurate in identifying specific drugs and their concentrations, but even this form of testing has its limitations.

A positive test result alone is not enough to prove that a driver was impaired at the time of the arrest. Many drugs can be detected long after their effects have worn off. For example, marijuana can remain in a person's system for several days or even weeks, depending on the frequency of use. The same is true for certain prescription medications, which may be taken in compliance with a doctor's orders.

An effective defense strategy will scrutinize how a test was administered, whether samples were handled according to the proper procedures, and whether the test results truly support the claim of impairment at the time a person was driving.

Defending Against a Drug DUI Conviction

At Stroleny Law: Criminal Defense Attorney, we build defense strategies that highlight the weaknesses of prosecutors' cases while protecting the legal rights of clients facing drug-related DUI charges. We can take steps to:

• Challenge the reasons behind a traffic stop and show that an officer did not have probable cause to perform an arrest
• Evaluate the accuracy and reliability of blood or urine test results
• Investigate the qualifications and methods used by Drug Recognition Experts
• Identify alternative explanations for a driver's observed behaviors or test results
• Negotiate with prosecutors to reduce or dismiss charges when necessary

Our goal is to limit the legal consequences a person may face after being arrested for driving under the influence of controlled substances. We will work to prevent a conviction or reduce the potential penalties.

Contact Our Miami, Florida Drug DUI Defense Lawyer

In drug-related DUI cases, a person's rights and future may be at risk. These cases can be complex, and the consequences of a conviction can be severe. At Stroleny Law: Criminal Defense Attorney, we help our clients navigate the legal system, challenge questionable evidence, and work to achieve positive outcomes in these cases. Contact our Miami controlled substance DUI attorney at 305-615-1285 to schedule a free consultation and begin taking steps to protect your future.