When people think of the criminal charge of driving under the influence, alcohol is the first thing that comes to mind. It is important to understand, however, that you may be charged with DUI even if you have not consumed any alcohol. In Florida, DUI is defined as operating a motor vehicle while under the influence of alcohol OR any chemical or controlled substance listed under the statute. If you are charged with a DUI involving drugs, you should retain an experienced Clearwater DUI attorney immediately to defend your rights.
Chemical and Controlled SubstancesFlorida statutes 877.111 and 893 include the list of substances that the state can argue caused your impairment in a DUI case. Drug DUIs commonly involve illegal substances such as cannabis, cocaine or heroin. Notably though, you may be charged with DUI if the police believe you under the influence of completely legal prescription medications. Many perfectly legal drugs such as Xanax and Oxycodone have seriously intoxicating effects and such intoxication can lead to your arrest for DUI. It is important that you consult with a Clearwater DUI attorney who understands the chemical effects of these substances in order to craft a defense for your case.
A key difference between drug DUI and alcohol DUI cases is the testing procedure. If you are suspected of drinking and driving and are placed under arrest, officers will typically request a breath sample to test your breath alcohol level or BAC. If you blow over the legal limit of .08, the law presumes that you are under the influence of alcohol. If you do not provide a breath sample, the prosecution then has a more difficult burden of proving your guilt by showing that your “normal faculties” were impaired by alcohol.
In a Drug DUI case, there is no presumption of guilt based on the amount of a particular substance in your system. This is because studies and tests have been conducted and relied upon by the legislature to indicate that a breath alcohol level of .08 will impair the normal faculties of an average person. Because alcohol is the most common cause of impaired driving, a great deal of resources have been allotted by the government to combat and punish those offenses. Drug DUIs can involve hundreds or thousands of different types of impairing substances, and it is not feasible for the government to determine the amount of each substance that indicates impairment. Some states, however have begun to implement a standard blood alcohol level in cannabis related DUI cases.
Because of the lack of legal standards in most drug DUI cases, your attorney can argue that the prosecution lacks evidence to prove that your normal faculties were impaired by the drugs in your system. To collect evidence against those suspected of DUI, Police agencies use standardized field sobriety exercises like the horizontal gaze nystagmus or “eye test,” the walk and turn, the one legged stand, and the finger to nose exercise. These exercises, however, were developed to determine impairment by alcohol, and a skilled Clearwater DUI defense lawyer can expose the problems with these exercises related to Drug DUIs
License SuspensionAdditionally, in an alcohol related DUI, if you blow over the legal limit, your license will be suspended for six months. If an officer suspects that you are under the influence of drugs instead of alcohol, they will typically request that you submit to a urine sample. A refusal to submit to the urine sample will result in a license suspension of twelve months and may be used against you in court. However, if this is your first arrest for DUI, you may qualify to apply for a hardship license. If you did submit to a urine or blood sample, your license will not be suspended even if you test positive for controlled or illegal substances. This is because the legislature has only required license suspensions for those who test positive for alcohol.
Retain an Experienced Clearwater DUI Defense LawyerDrug DUIs present unique and complex problems that do not exist in a typical alcohol related DUI case. You should consult a lawyer who knows how to attack those problems and who has experience fighting for clients charged with drug-related DUI. The attorneys at Hanlon Law have the experience and dedication to defend you. Call us today at 727.897.5413.
DUI - Different Sanctions Attorney in Clearwater, FLDrunk Driving Defense Lawyer Representing Drivers in ClearwaterDriving under the influence is taken seriously in Florida. If you are charged with a DUI, you can face a wide range of different sanctions, depending on your history of prior offenses and whether anyone was injured or killed. Generally, the more prior convictions that you have, the more severe that the sanctions for a DUI will be. Clearwater DUI lawyer Will Hanlon is dedicated to fighting for the rights of the accused. Call us if you are arrested for or charged with a DUI or another motor vehicle offense, such as reckless driving.
The Range of Different Sanctions for a DUIYou can be convicted of a per se DUI if you physically control a car or another vehicle and have a blood alcohol concentration of at least .08%. You can also be convicted of a DUI if the prosecutor proves that beyond a reasonable doubt, you were impaired to any degree because you consumed alcohol, drugs, or some combination of them.
A first offense DUI conviction can result in a sentence involving incarceration, a fine of up to $1,000, a license suspension, impoundment of your vehicle, and a requirement that you install an ignition interlock device at your own cost. You will also be required to serve 50 hours of community service. The court can also require that you serve time in a program to treat alcohol abuse or drug abuse. This time may be credited toward incarceration time.
If your blood alcohol content was below .15%, and you were not transporting a minor while driving under the influence, you are unlikely to spend more than six months incarcerated. However, if your blood alcohol content was .15% or more, or you were transporting minors, you can face nine months of incarceration and a $1,000-$2,000 fine.
If you drink and drive and cause serious bodily injuries to others, you can be charged with a third-degree felony. Under Florida Statute section 316.193, a DUI causing serious bodily injuries requires the prosecutor to prove beyond a reasonable doubt that: (1) you drove or were in actual physical control of a car, (2) while driving or in actual physical control of the car, you were under the influence, such that your faculties were impaired or your BAC was .08 or higher, and (3) because of operating the car, you caused or contributed to serious bodily injuries. As a third-degree felony charge, you face the possibility of 5 years incarcerated or on probation, as well as a $5,000 fine.
Additional convictions during what is known as a lookback period can result in more serious penalties. The lookback period may be 5 years or 10 years. A third DUI offense within 10 years is a third-degree felony, even if you were convicted of the earlier DUIs in another state. For the third-degree felony, you may have the mandatory minimum of 30 days in jail, but you can face up to 5 years in prison.
Once you have a fourth DUI conviction, you may be designated as a habitual felony offender. A fourth DUI conviction is a third-degree felony, and you may face a longer prison sentence. If you are designated as a habitual felony offender, you may face 10 years in prison, and you will not be able to get released for at least 5 years.
You should not assume that a conviction is inevitable, but you also should not take even a first offense lightly. An experienced Clearwater criminal defense attorney may be able to get a dismissal or negotiate a plea deal. In some cases, it makes sense to challenge the constitutionality of the stop or the arrest. For example, if the officer pulled you over on a hunch, rather than for an articulable, legitimate reason, the arrest may be a violation of your Fourth Amendment rights, and it may be possible to get evidence from the stop suppressed.
Hire an Experienced Motor Vehicle Crime Lawyer in ClearwaterDifferent sanctions for DUIs may be imposed, depending on the circumstances and the number of prior offenses. Our founder, Will Hanlon, has been dedicated to protecting the rights of the accused in the Clearwater area since 1994. You can call Hanlon Law at 727.897.5413 or use our online form to set up an appointment to discuss your case with an attorney. We also handle other motor vehicle offenses, such as leaving the scene of an accident or driving on a suspended license.