Driving under the influence (DUI) due to alcohol or drugs can lead to criminal charges. State law provides harsh penalties for any type of impaired driving, especially due to unlawful drugs, and you could also face drug DUI charges due to prescription drugs that have intoxicating effects.
An experienced Key West drug DUI lawyer at Keys Criminal Defense, PLLC, could provide you with vigorous legal representation in your case. Don’t go to court alone—call our seasoned DUI attorneys.
Florida’s DUI law is broadly written to capture any form of operating a motor vehicle under the influence. The law criminalizes driving under the influence of alcohol, but it also includes driving while intoxicated by certain controlled substances. The law states that it is illegal to drive under the influence of chemical substances, and then refers to other statutes that list the specific substances.
For example, marijuana is considered to be a chemical substance that is subject to DUI law. However, DUI charges may extend to certain legal prescription medications, even if you have taken them under doctors’ orders. Although there may be no way to quantify the extent of your impairment, unlike with alcohol, you could still be charged with DUI for operating a vehicle while your normal faculties were impaired.
Such cases can be challenging, making it essential to work with a Key West drug DUI defense attorney throughout the process.
Florida Statute § 316.193 imposes strict penalties for driving under the influence, with consequences increasing with repeat offenses or aggravating factors. A first-time DUI may result in fines ranging from $500 to $1,000, up to six months in jail, probation, mandatory DUI school, and a driver’s license suspension of 180 days to one year. A second DUI could lead to higher fines, a longer license suspension, mandatory jail time, and vehicle impoundment.
A third DUI within 10 years is classed as a felony, carrying the possibility of prison time and long-term or permanent license revocation, while fourth and subsequent DUIs are always felonies. Additional penalties could include community service, ignition interlock devices, substance abuse treatment, and court costs.
Aggravating factors, such as a high blood alcohol concentration, accidents, or injuries, could increase charges and penalties. Always call a defense lawyer, whether your drug DUI charges in Key West involve a misdemeanor or a felony.
Defending against drug DUI charges often focuses on whether the state can prove actual impairment, as required by Fla. Stat. § 316.193. Unlike cases involving alcohol, there is no per se legal limit for drugs, making proof more complex. One common defense is lack of impairment, especially when drug test results only show the presence of substances that may have been taken hours or days earlier and no longer affect driving ability.
Your Key West attorney could also challenge the traffic stop as a key defense against a drug DUI charge. If law enforcement lacked reasonable suspicion or probable cause, evidence obtained after a stop may be suppressed. Your defense may also target the administration and interpretation of field sobriety tests, which are not designed to reliably measure drug impairment and can be influenced by fatigue, medical conditions, or nervousness. Similarly, blood or urine testing can be contested due to improper collection, contamination, or chain-of-custody errors.
If you are facing drug DUI charges, don’t assume that your case is straightforward. Allegations often rely on subjective observations, questionable testing, and flawed procedures that can be challenged with the right legal strategy.
A Key West drug DUI lawyer at Keys Criminal Defense, PLLC, understands how prosecutors build these cases and how to fight back. Contact us today for a confidential consultation and learn how an experienced defense attorney could aggressively defend your rights.
