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Miami DUI Drugs Attorney

Aggressive Attorney for People Charged With Driving Under the Influence of Drugs in Miami, FL

People who drive after drinking alcohol may face charges of driving under the influence (DUI) if their blood alcohol concentration is above the legal limit of .08 percent. In Florida, driving under the influence of drugs is treated just as seriously as driving under the influence of alcohol. A person can be charged with DUI if they have used drugs that have caused impairment.

If you have been arrested for DUI based on drug use in Miami, it is critical to obtain legal representation from an attorney who can help you defend against these charges. The Hoffman Firm can provide you with a strong defense, helping you question the accuracy of drug tests, the circumstances surrounding your arrest, and other aspects of the case against you. We will work to reduce or dismiss the charges so that you can avoid the long-term penalties of a DUI conviction.

Florida Law on Driving Under the Influence of Drugs

In Florida, a person may face DUI charges if they are accused of operating a vehicle while under the influence of alcohol, controlled substances, or a combination of drugs, alcohol, or other substances. When these substances have affected a person's ability to drive safely, they may be considered to be intoxicated, and they may be arrested and charged with DUI.

Drug-related DUI cases differ from cases involving alcohol, since there is no legal limit to determine whether a driver is impaired. In these situations, arrests may be made based on field sobriety tests conducted by police officers or the observations of drug recognition experts (DREs) who are trained to assess drug impairment. After an arrest, blood or urine tests may be performed to detect the presence of drugs and determine whether there is a basis to charge a person with DUI.

A person can be charged with drugged driving based on the use of:

Marijuana

Certain people in Florida may receive approval for medical marijuana, and others may use the drug recreationally, even though it is considered to be an illegal controlled substance. It is illegal to drive while impaired by THC, which is the ingredient in marijuana that creates a "high." Since THC can stay in a person's system for days or weeks, a positive drug test does not always mean the driver was impaired at the time of arrest. Our lawyer can argue that test results do not prove active impairment.

Other Controlled Substances

If a driver is impaired by cocaine, methamphetamine, heroin, or other controlled substances, they can be charged with DUI. These charges may be based on urine or blood tests performed after an arrest, but drug tests do not always prove that a driver was actively impaired at the time of the traffic stop.

Prescription Medications

Many legal prescription drugs can cause drowsiness, confusion, or dizziness. A person who cannot drive safely due to these effects may be charged with DUI. Common medications that can result in drugged driving arrests include:

  • Painkillers such as OxyContin, Vicodin, or Percocet
  • Anti-anxiety medications such as Xanax, Valium, or Ativan
  • Sleep aids such as Ambien, Lunesta, or Benadryl in high doses
  • Stimulants such as Adderall or Ritalin

Even if a driver has a prescription, they can still be charged with DUI if the medication has impaired their ability to drive. Our attorney can help determine how to respond to these accusations, and we can take steps to demonstrate that a person was not impaired at the time of their arrest.

Combination of Drugs and Alcohol

Combining alcohol with prescription medications or illegal drugs can intensify impairment. In some cases, drinking alcohol after taking over-the-counter drugs like cold and flu medicines could lead to intoxication. In these situations, a driver may face DUI charges even if their BAC is below the legal limit based on an officer's observations of their behavior. Our lawyer can help respond to claims that a driver was intoxicated and show that their use of substances did not affect their ability to drive safely.

Contact Our Miami, Florida Drugged Driving Defense Attorney

A conviction for driving under the influence of drugs can result in the same criminal penalties as driving under the influence of alcohol, including the loss of your driving privileges, large fines, and possible jail time. You will need a strong legal defense to fight these charges, and The Hoffman Firm is here to help you resolve your case successfully while minimizing your potential penalties. To schedule a free consultation, contact our office at 305-249-0090.

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