It is possible to get arrested for a DUI without drinking any alcohol. A DUI charge is not always about alcohol; it also includes being under the influence of drugs. If law enforcement stops someone and thinks they are under the influence of drugs, they may charge them with a DUI. This charge is different because the prosecutor does not have to prove a certain blood alcohol level since drugs do not show up in a breath test for blood alcohol.
Officers will look at how the person is behaving to figure out if the person’s normal abilities, like walking, talking, seeing, hearing, making decisions, and judging distances, are affected by drugs. If you or your loved one was arrested for driving under the influence of drugs, call a Sanford DUI Drug Lawyer with our firm today. A reliable DUI attorney helps you come up with a viable defense for the charge.
Even if someone is legally prescribed a controlled substance, they cannot drive if that substance impairs their normal faculties. Having a prescription or being under the influence of a legal drug is not a defense for driving under the influence of that drug.
For example, it is possible to be charged and convicted of a DUI drug charge in Sanford if someone is under the influence of an over-the-counter medication such as Benadryl. The key issue for their attorney is whether that over-the-counter medication is classified as a controlled substance under Chapter 893 of the state drug statute.
The number one mistake is driving under the influence of a drug and having the drug in the vehicle. Often in drug DUI cases, people are arrested for being under the influence of marijuana. Officers might stop the person, think they are high on marijuana, smell alcohol, then search the car and find the drug inside.
Another big mistake is the same for any DUI, whether it is due to alcohol or drugs, or if it is someone’s first, second, or third DUI: making admissions and saying too much without realizing the officer is recording the interaction. Everyone should be cautious about what they say, as it could be used in the case.
Involuntary intoxication means someone was drugged by another person without knowing it. This can be a defense in court but it is unlikely to stop a police officer from arresting the person. Officers are more focused on whether the person is impaired at the time, not on their legal defenses. However, a Sanford DUI drug lawyer could present this information to a jury at trial or share it with the state, hoping they will dismiss the charges.
A common situation occurs when someone says they went to a bar, only had one drink, and did not use drugs. However, they might be seen on video clearly under the influence of drugs. Prosecutors will try to create doubt about the defense’s evidence and argue it is more likely they drank so much alcohol that they do not remember taking drugs voluntarily, especially if they were out drinking with friends.
In the event of an adverse drug interaction, the driver would be arrested in the same way as for an alcohol-related DUI. The case is handled in court the same way and there is also no difference in penalties between alcohol and drug intoxication.
The Umansky Law Firm Criminal Defense & Injury Attorneys