CSS MenuMaker

CSS MenuMaker

Clearwater: 235 North Garden Avenue, Clearwater, FL 33755    (727) 238-5370 

Tampa, Clearwater and surrounding areas


Call Now: (727) 238-5370

Client Review

Attorney Advertising. The material and information contained on these pages and on any pages linked from these pages is intended to provide general information only and not legal advice. You should consult with an attorney licensed to practice in your jurisdiction before relying upon any of the information presented here. You are advised that the acts of sending email to or viewing information from this website does not create an attorney-client relationship.

Contact
Adams Law Firm




Call our Law Firm
for a Free Consultation
(727) 238-5370 

More and more people are being arrested and charged for DUI for controlled substances. Even if you pass a breath test, you'll likely be asked to take a urine test. A positive result for any controlled substance in the urine test will likely result in a full prosecution for DUI. This doesn't mean the state can prove the charges. Hire an experienced DUI lawyer.


DUI for Drugs in Florida? 


Florida Statute 316.193, states:

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection ​(2) if the person is driving or in actual physical control of a vehicle within this state and:


(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;


(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or ​


(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.” ​So once a person takes a breath test and blows above 0.08, they are presumed guilty based on that evidence alone. ​ However, there is no similar presumption for drugs. Especially when a person agrees to take a breath test and blows under 0.08, a DUI based on impairment of drugs can be very difficult to prove and these cases present unique challenges for prosecutors.



Virtually no one sitting on a jury will unfamiliar with the signs of alcohol impairment. Slurred speech, the odor of the impurities of alcohol, lack of balance, enhanced emotions; all the well known effects of alcohol. What about impairment from Oxycodone? Hydrocodone? Marijuana? Not quite as common, and if the jury doesn’t have first hand experience, it may be difficult to be convinced beyond a reasonable doubt.


Law Enforcement aren’t trained to investigate impairment by drugs:

Well, not like they are for alcohol anyway. DUI cops and prosecutors go to schools, where they drink and perform tests on each other and other test subjects. The cops can then testify in court about this real practical application of their classes along with other real life experiences. They don’t do the came thing with cocaine, marijuana, and prescription drugs.



Most police agencies and specialized cops who are able to testify about certain subjects related to alcohol and impairment that others cannot, because of their specialized training and experienced. Most departments haven’t yet established specialized schools and special field sobriety exercises designed around testing for impairment specifically for drugs, not alcohol.  That’s not to say they don’t exists, but they aren’t common. As the trend to de-criminalize certain drugs grows, I would expect to see a greater awareness of these problems within the law enforcement community. They will likely develop special field sobriety exercises for specific drugs and start designing more schools for officers and prosecutors aimed at prosecuting DUI based on drug impairment. This in turn will benefit experienced criminal defense attorneys who are able to take advantage in the growing number of these DUI cases and are able to effectively defend them.

Contact Us
Clearwater: 235 N. Gaden Ave., Clearwater, FL 32755
(727) 238-5370          josh@joshadamslaw.com

"Joshua Adams gave me excellent service and worked with me step by step and did a wonderful job at handling my case"

Rating: 5/5 Stars
Written by:  Berlin R. 
Date Published: July 13, 2015

See More Reviews From Thumbtack