You may have a head cold and swig some cough medicine with codeine, or take an extra pain pill because your back is bothering you before jumping into your car to get to work. You know better than to drink and drive, but in Florida, legal and illegal drugs in your system can also get you pulled over and charged with driving under the influence (DUI). Any substance that influences your ability to drive safely counts.
Even if you are parked on the side of Lakeshore Drive, with the keys in the ignition while you admire Lake Minneola, a Clermont police officer can tap on your window and charge you with DUI. By law, you only need to be in control of the vehicle. Once embroiled in the system, you face jail time, fines, and other penalties. But you also face a positive resolution and possibly exoneration with the help of a Clermont drug DUI lawyer.
Florida Statutes § 316.193 defines DUI broadly, making any substance that dulls your senses a reason to be charged if you control a vehicle. Although adults are permitted to drive if their blood alcohol content (BAC) is below 0.08, the state has no tolerance for drugs. These can be illicit substances such as cocaine, heroin, and fentanyl, or prescription drugs such as painkillers sedatives, or antidepressants. Marijuana also counts. Even though it is legal with a prescription, it is illegal recreationally in Florida. Over the counter medications that dull your coordination or cognitive function, such as allergy pills, can prompt an arrest for DUI. Sniffing glue and inhaling any toxic vapor can also get you arrested.
Law enforcement officers typically conduct field sobriety tests to assess a driver’s function, as well as chemical testing of the blood, urine, or saliva. In Florida Drug Recognition Experts (DREs) are specially trained to recognize drivers impaired by drugs, but any officer or a Lake County deputy can arrest a person on suspicion of DUI.
If an officer suspects you of drugged driving, you are required to submit to a urine or blood test to confirm or refute the suspicion, and if you refuse, under Fla. Stat. § 322.2615, your license will be suspended. If you are detained and accused, a Clermont drug DUI attorney with The Umansky Law Firm is ready to vigorously defend you.
DUI penalties cover drugs and alcohol and vary widely because of aggravating and mitigating factors. Generally, punishment includes:
If property damage, injuries, or death of another are directly caused because of drugged driving, the penalties can escalate to felonies with long prison sentences. It is imperative after an arrest for a drug DUI to contact an experienced Clermont lawyer to get you out of this jam.
You are entitled to consult a criminal defense lawyer when you are arrested and read your rights. We get to work assessing your case and building a strong defense. We negotiate with prosecutors to reduce or dismiss your charges, but we consider it a privilege to take your case to trial if necessary.
A strong defense can be that you have a prescription for the medication you are accused of taking. A field test may not be accurate because you have a medical condition that affects movement, or police may not read you your rights, voiding any evidence gathered. For experienced advocacy in Clermont, contact a drug DUI attorney now.
The Umansky Law Firm is dedicated to helping people entangled in the criminal justice web for drug DUIs. While people make mistakes, so do police officers, and our job is to ensure your rights are protected and you get the best outcome possible.
We explore all options to mitigate the impact a drug DUI can have on your reputation, family, and future. You have a story to tell, and we know how to tell it to the judge and jury. Contact a Clermont drug DUI lawyer now so we can get to work for you.
The Umansky Law Firm Criminal Defense & Injury Attorneys
