Controlled Substance DUI
What is Controlled Substance DUI?
A controlled substance is any drug as defined in Florida Statute chapter 893. Click here to review the complete list of controlled substances. As you can see, the list of controlled substances is expansive and includes, but is not limited to, cannabis (marijuana), methamphetamine (meth), morphine, opium and oxycodone. Additionally, under Florida Statute § 877.111, the inhalation or ingestion of chemical substances--also known as "huffing"--is illegal.
Florida law prohibits driving while under the influence of any chemical or controlled substances. If you are arrested for driving under the influence of any drug, you face the same penalties as driving under the influence of alcohol. However, if you are found in possession of a chemical or controlled substance while driving under the influence, you may also face drug possession or trafficking charges. Experienced DUI defense attorneys recognize that there are two key differences between DUI alcohol and drug cases: (1) DUI drug cases are often difficult for prosecutors to prove and (2) DUI drug cases often require different defenses than DUI alcohol cases. The experienced DUI defense attorneys at Musca Law understand the unique components of DUI drug cases and are prepared to investigate the evidence in your case and fight to protect your rights.
Defenses in DUI Drug Cases
Hiring an experienced defense attorney is crucial in DUI drug cases. Law enforcement officers require special training known as Drug Recognition Expert (DRE) training in order to thoroughly investigate and testify in DUI drug cases. Many law enforcement officers have not received DRE training. If the investigating or arresting officer is not DRE certified, experienced DUI defense attorneys will seek to suppress (exclude from evidence at trial) many of the observations made by the investigating officer. Your defense attorney may set a special hearing prior to trial where he or she will argue on your behalf that the officer is not qualified to render an opinion based on certain observations. Depending on the judge's ruling, many of the officer's observations may be suppressed - increasing the likelihood of a favorable plea offer or not guilty verdict at trial.
Typically, law enforcement officers may request that you submit to a urine test if officers suspect that you are impaired and a breath-alcohol test is negative. Even if your urine tested positive for chemical or controlled substances, the State may be unable to prove that you were under the influence of these drugs at the time you were driving. For example, cannabis may remain present in your system for up to 30 days or your may have been taking prescription drugs while under the care of your physician. The experienced DUI defense attorneys at Musca Law are prepared to present all of the holes, or problems, in the prosecutors case against you.
Additionally, many of the signs of drug use may be similar to the characteristics of sleep deprivation or physical or mental illness. For example, law enforcement officers frequently report observing bloodshot eyes as a sign of drug use. However, your eyes may be bloodshot due to other causes such as lack of sleep or illness. A skilled DUI defense attorney will use all of these facts to create doubt in your case.
Hire an Experienced Florida DUI Attorney
In Florida, controlled substance DUI cases are often difficult for prosecutors to prove. An experienced DUI defense attorney will investigate your case and provide you with the best chance of reducing your charges or completely avoiding a conviction. For more information on controlled substance DUI in Florida, or if you were arrested for controlled substance DUI, please schedule a free, confidential consultation with an experienced Musca Law Jacksonville DUI attorney. Contact Musca Law 24/7 by calling 1-800-MUSCA-LAW (1-800-687-2252).
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