Alcohol isn’t the only cause of DUI arrests.
Drugs and medications, even ones you may have a prescription for, can cause an officer to believe you are driving under the influence. If you are arrested for a DUI and the officer reasonably believes you are under the influence of drugs or medication, you can be asked to give a drug sample for testing.
A Positive Drug Test Does Not Mean You Are Automatically Guilty of a DUI:
Even if the prosecution can show a positive test for drugs, it doesn’t mean that they can show you were impaired at the time you were driving. Many substances can stay in your system for days, long after you stopped feeling the effects. A positive drug test means that a drug has been in your system. The prosecution still has to prove, beyond a reasonable doubt, that the drug or medication caused you to drive impaired.
What if I Have a Prescription?
Having a doctor’s prescription for a drug simply allows you to possess and consume that drug. The prescription is not a license to drive after taking the medication. Just like you can legally possess alcohol, but can’t drive while impaired by it, the same concept applies to controlled substances. Again, more often than not, the State will not know how much of a controlled substance you had in your system at the time you were driving.
Our Experience in Florida Drug DUI Cases:
At Hillsborough Defense we have experience prosecuting and defending drug DUI cases. We will investigate your case, analyze the test results, and apply our knowledge of these cases to get the best result possible.