Key Largo Drug DUI Defense Lawyer

Knowledgeable Drug DUI Lawyers Challenging Impairment Allegations in Key Largo, FL

Alcohol use is the most common reason people may be arrested for driving under the influence (DUI), but other substances could also lead to DUI charges. In Florida, impairment because of the use of drugs is often taken just as seriously as impairment from drinking. A person can be arrested for DUI based on the use of multiple types of substances. Drug DUI cases will often involve unique legal and scientific issues, and to build an effective defense, a person will need to work with an attorney who understands how these cases are investigated and prosecuted.

At Keys Criminal Defense, PLLC, our attorneys help people in Key Largo and throughout the Florida Keys defend against charges of DUI. We can help determine the role that drug use may play in a case, and we can take steps to demonstrate that a person was not intoxicated when they were driving. Our goal is to resolve these matters while avoiding DUI convictions for our clients and preventing long-term penalties that may affect their driving privileges and their lives.

Types of Drugs That Can Lead to DUI Charges

There are a wide variety of substances that can cause impairments that may affect people's ability to drive safely. Marijuana is one of the most common substances involved in drug DUI arrests, and in some cases, people could face DUI charges even if they have a valid medical marijuana card. If an officer believes that the use of marijuana impaired a person's driving ability, they may arrest the driver for DUI. However, proving impairment by marijuana is not always easy, since detectable levels of THC can stay in a person's body for days or weeks after the effects of marijuana use have worn off.

"Hard drugs" such as cocaine, methamphetamine, heroin, or fentanyl may also play a role in drug-related DUI cases. Officers who believe drivers are under the influence of these drugs may take steps to investigate and arrest them for DUI, and a person could also face charges of drug possession or other drug crimes. Prosecutors may be more likely to treat people accused of driving under the influence of drugs more harshly due to the higher level of danger involved in these situations.

Prescription medications are another category of substances that can lead to drug DUI charges. Some people may be surprised to learn that even though they are taking a lawfully prescribed medication exactly as directed, they could still be arrested for DUI. If a prescription drug allegedly led to impairments that affected a person's ability to operate a vehicle safely, they could be charged with intoxicated driving. Common prescription drugs involved in these cases include:

• Anti-anxiety drugs such as Xanax, Valium, or Ativan
• Opioid painkillers such as oxycodone, hydrocodone, or morphine
• Sleep aids such as Ambien or Lunesta
• Stimulant medications such as Adderall or Ritalin that may be prescribed for ADHD or similar disorders

DUI charges may also involve combinations of substances. A person may allegedly become impaired after mixing alcohol with drugs or combining multiple medications. Prosecutors may argue that the combined effects of two or more substances created a level of impairment that neither substance would have caused on its own.

Unique Challenges in Drug DUI Cases

DUI cases involving drugs can differ from alcohol-related DUI cases in several important ways, including:

No Established Legal Limit

With alcohol, there is a clearly defined legal limit for blood alcohol concentration (BAC). Drivers may be charged with DUI if they have a BAC of at least 0.08 percent. However, Florida law does not set a specific limit for most drugs. Instead, a prosecutor must prove that a person was impaired because of the use of drugs at the time they were driving. Because this standard is subjective, it may present an opportunity for defense for a person who can argue that there was not enough evidence to prove that they were intoxicated.

Limited and Unreliable Roadside Testing

There is no simple breath test that can be performed to measure drugs in a person's system during a traffic stop. The field sobriety tests that officers may use during traffic stops were designed to identify alcohol impairment, and they can be less reliable in cases where drivers may be under the influence of drugs. In many cases, drug recognition experts (DREs) may assist officers and identify the signs of drug intoxication. However, the conclusions reached by DREs are still based heavily on their opinions rather than objective measurements, and it may be possible to challenge their evaluations.

Toxicology Results That Do Not Reflect Impairment

Blood and urine tests used in drug DUI cases can detect the presence of drugs in a person's system. However, drugs may be detectable long after they have stopped having an effect on a person. A positive test result for marijuana metabolites or another type of drug may not necessarily mean a person was impaired when they were driving.

Medical Conditions That Are Similar to Impairment

Certain medical conditions may lead to physical symptoms that resemble drug impairment. Other issues, including fatigue, allergies, or anxiety, may also have symptoms that seem to be similar to intoxication. If an officer claims that a person was impaired because of factors such as slowed speech, poor balance, or unusual eye movement, these observations may be challenged. Providing alternative explanations for symptoms can be an important part of a defense strategy in a drug DUI case.

Contact Our Key Largo, FL Drug DUI Attorneys

When a person is charged with DUI involving the use of drugs, their case may involve a variety of scientific tests and legal issues that are different from alcohol-related DUI cases. At Keys Criminal Defense, PLLC, our lawyers have the experience needed to help defend against DUI charges involving marijuana, prescription medications, illegal drugs, and combinations of substances. We will review what happened during an arrest, the chemical tests that were performed, and other factors related to a case to determine the strongest available defense. Contact our Key Largo, Florida drug DUI defense lawyers at 305-324-7888 to schedule a free consultation.