Being charged with a drug-related DUI in Florida is a serious matter that can lead to heavy fines, license suspension, probation, or even jail time. Unlike alcohol DUIs, drug-related DUIs (also known as DUIDs) involve accusations that you were impaired by a controlled substance, prescription medication, or even over-the-counter drugs while driving. But just because you’ve been charged doesn’t mean you’re guilty — and there are legal defenses that can be used to fight these charges. Here’s what you need to know about defending against a drug-related DUI in Florida as shared by our Tampa, FL drug defense lawyer who has been rated by Super Lawyers.
Understanding Drug-Related Dui Charges
Under Florida Statute § 316.193, it’s illegal to drive or be in actual physical control of a vehicle while under the influence of any substance — legal or illegal — if your normal faculties are impaired. This includes illegal drugs like cocaine or heroin, prescription medications like Xanax or Oxycodone, and even substances like medical marijuana or sleep aids. (ANY CHEMICAL SUBSTANCE SET FORTH IN F.S. 877.11, or any substance controlled under chapter 893.
What makes drug-related DUI cases more complicated than alcohol DUIs is that there’s no “legal limit” like there is for alcohol (0.08 BAC). Instead, prosecutors must prove actual impairment, often relying on field sobriety tests, drug recognition expert (DRE) testimony, and urine or blood tests.
Common Legal Defenses To Drug-Related Duis
A skilled criminal defense attorney will examine every aspect of your case to determine the strongest defenses. Some common strategies include:
1. Challenging the Traffic Stop
Police must have a valid reason to stop your vehicle. If the officer lacked reasonable suspicion (e.g., there was no traffic violation or suspicious behavior), any evidence collected during the stop could be suppressed — including field sobriety test results or statements made during questioning.
2. Questioning the Officer’s Observations
Drug-related impairment is often based on subjective signs such as bloodshot eyes, slow speech, or unusual behavior. These signs can be caused by fatigue, illness, allergies, or even stress. A defense attorney can argue that these signs were not the result of drug use.
3. Attacking the Drug Recognition Expert (DRE) Report
Many Florida DUI drug cases rely on the testimony of a DRE — a specially trained officer who conducts a 12-step evaluation to determine if you’re under the influence. However, DRE evaluations are not foolproof and can be challenged for being subjective, unscientific, or improperly conducted.
4. Challenging Chemical Test Results
Urine or blood tests can detect the presence of drugs, but they don’t prove impairment at the time of driving. Many substances stay in your system long after their impairing effects wear off. For example, THC can remain in the body for days or weeks, even if you were no longer under its influence when stopped.
5. Prescription Drug Defenses
If you were taking a medication legally prescribed to you and followed your doctor’s instructions, this could be a valid defense. Florida law doesn’t criminalize driving under the influence of a prescription unless it actually impairs your ability to operate a vehicle safely.
These are all possible defenses, but they can prove tricky to use if this is your second DUI charge.
The Importance Of Hiring An Experienced Attorney
A drug-related DUI conviction can have life-altering consequences, including loss of driving privileges, employment issues, and a permanent criminal record — particularly if your charge is elevated from a misdemeanor to a felony. The sooner you involve a knowledgeable DUI defense attorney, the better your chances of identifying weaknesses in the prosecution’s case and protecting your rights.
If you’ve been arrested for a drug-related DUI in Florida, don’t assume you’re out of options. Every case is unique, and there may be valid defenses that can lead to a reduction or even dismissal of the charges. An experienced attorney will guide you through the process, investigate the details, and fight for the best possible outcome.
Don’t wait — call our office today for a confidential consultation. Let’s start building your defense. At Stechschulte Nell, we have a 10.0 rating from Avvo that we are ready to put to work for you!
