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Drug Based DUI – Florida DUI Law

Most Florida DUI arrests occur when the driver is intoxicated with a blood alcohol level at or above 0.08%. However, drivers do not need to be under the influence of alcohol to be convicted of DUI. Florida DUI law only requires that the driver be operating a motor vehicle while under the influence of impairing substances. These impairing substances include illegal drugs, prescription medication, alcohol, and even over the counter medication.

DUI charges based on drug use can be difficult for the prosecutor to prove if the driver has hired a skilled Tampa DUI attorney. A breathalyzer test is not useful in determining if the driver is under the influence of drugs, instead the arrest will largely be based on the result of chemical urine and blood tests. These tests are inherently unreliable in determining if the driver was under the influence of drugs while operating the vehicle and can be challenged by a Tampa DUI lawyer on numerous grounds.

A properly administered chemical test can still be challenged by a Tampa DUI lawyer on a number of grounds. For instance, drugs can remain in a person’s blood or urine for up to 30 days; therefore, chemical tests showing drug use does not prove the driver was under the influence of drugs at the time of the arrest. The chemical test only provides evidence that there may be drugs in your system, not proof that they actually impaired your ability to drive. The prosecutor will need to prove you were under the influence of drugs at the time of the arrest and the drugs impaired your ability to drive in order to convict you of a DUI.

Contact a Drug Based DUI Defense Attorney

In addition to challenging the chemical tests, there may also be grounds to exclude evidence found by the police officer. For instance, if the police officer searched you or your car without probable cause, or failed to inform you of your rights, any evidence recovered may be inadmissible in court. At Florida Law Advisers, P.A. we carefully scrutinize every detail of a case to find ways to defend our clients. Our Tampa DUI lawyers have years of experience representing clients in all types of DUI cases. If you have been arrested for DUI, contact us today to speak with a Tampa DUI lawyer.



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