Orlando DUI with Drugs Attorney

Arrested For Drug-related DUI? Call a Criminal Defense Attorney – (407) 477-6744

Most of us think of DUI charges involving alcohol, but using drugs illegally can impair one's ability to drive just the same. The types of drugs may extend past illegal substances to include prescription drugs and even over-the-counter medications. 

Investigating DUI and drug cases cannot be held to the same standard as alcohol. Therefore, you may have many avenues available for defense. Our Orlando drug crime attorney can help. Attorney Lyle B. Mazin has handled thousands of cases and is known for his aggressive and relentless pursuit of favorable outcomes for clients.

Contact Mazin Law by calling (407) 477-6744 as soon as possible to discuss your situation! Available 24/7.

What Is Considered a DUI with Drugs in Orlando

In Orlando, a DUI with drugs is defined as operating a motor vehicle while your normal faculties are impaired due to the influence of controlled substances, illegal drugs, prescription medications, or over-the-counter drugs. This broad definition covers all types of substances that can affect brain function and impair physical capabilities. 

It's essential to note that just because a medication is legally prescribed doesn't mean it exempts you from a DUI with drugs charge if it affects your ability to drive safely. This means:

• You do not need to be visibly intoxicated or over a set "limit" to be arrested.
• There is no "per se" legal threshold like a 0.08 BAC for drugs.
• Prosecutors often rely on subjective observations and Drug Recognition Expert (DRE) testimony.

Common Substances Leading to DUI Charges

Florida's DUI laws are stringent regarding drug impairment. Substances that commonly result in DUI charges include:

• Illegal drugs: Marijuana, cocaine, methamphetamines.
• Prescription medications: Oxycodone, Xanax, Ambien.
• Over-the-counter drugs: Antihistamines, sleep aids.

Even if a substance is legally obtained, its impairing effects can lead to DUI charges. An Orlando DUI with drugs attorney can assess the specifics of your case to determine the best defense strategy.

Penalties for DUI with Drugs in Florida

The minimum penalties for DUI in Florida may include:

• 6 to 9 months in jail
• $500 and up to $2,000 in fines
• License suspension for 180 days and up to 1 year

Remember that police officers are not experts in the law. Many times, they do not even realize that they are acting outside of their limits or committing unlawful actions when they are conducting an arrest. When they act too swiftly or hastily, it is possible that they may not be following the proper procedures. This may be a valid defense in your case.

Administrative Consequences

Beyond criminal penalties, a DUI with drugs charge can lead to administrative actions, such as:

• License Suspension: Immediate suspension upon arrest, with the possibility of challenging the suspension through a formal review hearing.
• Ignition Interlock Device: Mandatory installation for repeat offenders or cases involving high impairment levels.
• Mandatory Education Programs: Enrollment in DUI school or substance abuse treatment programs.

An Orlando DUI with drugs attorney can assist in navigating these administrative processes, working to restore driving privileges and minimize disruptions to your daily life.

How DUI with Drugs Cases Are Investigated

Unlike alcohol-related DUI stops, there is no breathalyzer for drug detection. Instead, investigations rely on:

• Field Sobriety Exercises (FSEs): Officers use physical and cognitive tests such as the walk-and-turn or one-leg stand. These tests are not drug-specific and can be unreliable.
• Drug Recognition Experts (DREs): Specially trained officers who perform a 12-step evaluation to detect impairment. DRE opinions are subjective and prone to error.
• Urine or Blood Tests: After an arrest, you may be asked to provide a urine or blood sample. These tests can detect drugs long after impairment has worn off.

Mazin Law, as a seasoned Orlando DUI with drugs lawyer, frequently challenges the scientific reliability and admissibility of these tests. Blood and urine testing is often mishandled or interpreted incorrectly, and a positive test does not automatically prove impairment at the time of driving.

Countering Prosecutor Arguments in DUI With Drugs Cases

Investigators use a variety of tactics to obtain enough evidence to charge someone with DUI involving drugs by searching vehicles for drugs or paraphernalia. The evidence used to show the driver was intoxicated can be uncovered through field sobriety tests, blood tests, or urine tests. The arresting officer may also provide testimony of their account of the events at that time. If charged, one could face numerous penalties.

Additionally, building a strong defense involves challenging the validity and accuracy of the evidence collected. This includes questioning the procedures followed during testing and the qualifications of those who administered tests. It is also important to explore whether your rights were violated during the arrest and whether any procedural errors occurred that could result in the dismissal of charges. Each piece of evidence needs to be evaluated thoroughly to ensure its credibility and reliability.

Proven & Successful Defense Strategies

As a seasoned Orlando DUI lawyer and a former public defender, Attorney Mazin can explore every scenario to help you. He has been named a Top 100 Trial Lawyer by The National Trial Lawyers and regularly provides lectures and analyses on various criminal defense and trial advocacy. He has helped numerous others find successful case outcomes and can assist you with that same level of service and dedication.

Contact Mazin Law online or call (407) 477-6744 and request a free, confidential consultation.