Drug DUI Attorneys in Ocala, FL

Arrested for Driving Under the Influence of Drugs (DUID) in Florida?

In Florida, it is illegal to operate a vehicle while under the influence of any controlled substance. This charge is commonly referred to as DUI. However, DUI charges can also apply to other vehicles, such as boats and aircraft. Under Florida law, a person can be charged with DUI for either operating a vehicle while under the influence of drugs or for being in actual physical control of a vehicle while under the influence of drugs.

If you are facing drug DUI charges, you need an attorney who is skilled in DUI defense. At Dunham & Ingram LLC, we have the experience and skills to help you fight your DUI charges and help you avoid the harsh penalties associated with DUI convictions.

Call us today at (352) 353-8117 to schedule your initial consultation.

How Does the Police Make an Arrest for a Drug DUI in Florida?

In Florida, police officers determine whether to make an arrest for a drug-related DUI based on several factors. The process typically involves a combination of observations, field sobriety tests, and chemical testing.

Here's a general overview of how Florida police may determine whether to make a drug-related DUI arrest:

Observations and Initial Stop: Police officers may initiate a traffic stop if they observe erratic driving behavior, such as swerving, excessive speed, or failure to obey traffic laws. They may also stop a vehicle for other reasons, such as equipment violations or suspicion of drug possession.
Signs of Impairment: Upon approaching the vehicle, officers may look for signs of impairment. These signs can include bloodshot eyes, dilated pupils, slurred speech, odor of drugs, or other indicators of drug use.
Field Sobriety Tests (FSTs): Police officers may administer standardized field sobriety tests to assess the driver's physical and cognitive abilities. These tests typically include tasks like the horizontal gaze nystagmus (eye movement) test, walk-and-turn test, and one-leg stand test. Failing these tests can indicate impairment.
Drug Recognition Evaluation (DRE): If the officer suspects drug impairment, they may call a Drug Recognition Expert (DRE) to the scene. A DRE is a specially trained officer who can conduct a more comprehensive evaluation to determine if drugs are present and which category of drugs may be involved.
Chemical Testing: If the officer has probable cause to believe that the driver is impaired by drugs, they may request a chemical test, typically a blood or urine test, to determine the presence of drugs in the driver's system. Refusing to submit to a chemical test in Florida can result in automatic driver's license suspension.

Based on the totality of the observations, performance on field sobriety tests, the evaluation by a DRE (if applicable), and the results of chemical testing, the officer will make a determination of whether there is sufficient evidence to support an arrest for drug-related DUI.

What Are the Penalties for DUI in Florida?

Under Florida law, a person can be charged with DUI if they are operating a vehicle and their ability to do so is impaired by drugs. A person may also be charged with DUI for being in actual physical control of a vehicle while under the influence of drugs.

A first DUI conviction can result in up to 6 months in jail and up to $1,000 in fines. A second DUI conviction within 10 years can result in up to 9 months in jail and up to $2,000 in fines.

The minimum penalty for a third DUI conviction within 10 years is 9 months in jail and $2,000 in fines. However, a third DUI conviction can also result in a 10-year revocation of a person's driver's license. A third DUI conviction can also result in a minimum of 5 years of probation and 50 hours of community service. A person can also be required to install an ignition interlock device in their vehicle.

How Does Marijuana Impact DUI Charges in Florida?

In Florida, a person can be charged with DUI if they are operating a vehicle while under the influence of marijuana. Marijuana can impair a person's ability to operate a vehicle and can impair a person's ability to remain in actual physical control of a vehicle.

Marijuana can cause a person to have slower reaction times and can cause a person to have problems with their short-term memory. Marijuana can also cause a person to have problems with their depth perception and can cause a person to have problems with their peripheral vision.

In addition, marijuana can cause a person to have problems with their decision-making skills and can cause a person to have problems with their ability to multitask. Marijuana can also cause a person to have problems with their ability to concentrate and can cause a person to have problems with their ability to focus. Marijuana can also cause a person to have problems with their ability to process information.

If you have been arrested for a drug DUI in Ocala, contact us today at (352) 353-8117 for a case evaluation.