Drug DUI Lawyer
A first offense for a drug DUI in Florida can result in up to six months in jail, license suspension between six months and a year, heavy fines, and 50 hours of community service. Subsequent offenses impose even harsher penalties, and a criminal record that cannot be expunged or sealed. If you have been arrested for a drug DUI, you need legal help as soon as possible, and the drug DUI lawyer at The Matassini Law Firm, P.A. is ready and available to review your case and begin working on your defense as soon as you need our team.
Can Prescription or Over-The-Counter Drugs Count Towards a Drug DUI?
You may be surprised to find out that you can be arrested for impaired driving due to virtually any type of drug, both over-the-counter and prescription. If a police officer has reason to believe that a driver is impaired due to cough medication, for example, the officer may, in fact, arrest the driver for a drug DUI and put them in the back of a squad car. This can seem harsh, and in many cases it is. Many undeserving drivers are arrested in this manner, particularly those with disabilities, elderly drivers, and those who rely on prescription medications. Examples of common prescription and over-the-counter drugs that can lead to a drug DUI offense include:
- Ambien
- Antipsychotics
- Codeine
- Diphenhydramine (Benadryl)
- Doxylamine (ingredient in cough medications like Nyquil)
- Fentanyl
- Lunesta
- Morphine
- Mood stabilizers
- Percocet and Oxycontin (oxycodone)
- Ritalin
- Valium (diazepam)
- Vicodin, Lortab, or Lorcet (hydrocodone)
- Xanax (alprazolam)
Controlled Substances and Street Drugs
Illegal drugs like cocaine, heroin, cannabis, and LSD can also trigger a drug DUI. Possession of these drugs is illegal, and driving with any amount in one’s system is often enough evidence to warrant a guilty verdict if such a case were to go to trial. Other serious controlled substances include opioid derived narcotics, such as fentanyl and oxycodone, as listed above.
Defenses Against Drug DUIs
The good thing about being arrested for a drug DUI instead of a traditional alcohol DUI is that it can be very hard for prosecutors to prove that 1) you were under the influence of the alleged drug while you were driving and 2) that the amount of drug in your system would have caused you to be inebriated. Officers cannot administer a breathalyzer, like they can for alcohol, when it comes to drugs. Instead, they may conduct a field sobriety test, look for needle marks, search the car for drugs, etc. Many of these methods can be disputed by a skilled lawyer. Even a blood test may not prove that a driver had enough of the drug in their system at the time of driving to impair their ability to drive.
Call a Drug DUI Lawyer Today
While you may have been arrested, an experienced attorney may be able to have the charges reduced or dismissed. Defenses of drug DUIs include lack of probable cause, illegal search and seizure, violation of civil rights, blood testing, and much more. Our drug DUI lawyers are confident in their capacity to do everything possible to win your case. Call The Matassini Law Firm, P.A. at 813-217-5715 to schedule a free consultation.
