DUI Cases in Florida Don’t Always Mean Alcohol

My office has handled hundreds of DUI cases over the years and each one has its own, unique, set of facts and circumstances. While some aspects of a case may be similar to another, the totality of the facts and circumstances is never the same. The majority of DUI cases in Florida do indeed involve alcohol as a significant factor, but more and more involving the use of Cannabis or prescription medications.
 
All Florida drivers need to know that the State Attorney’s Office only has to prove two elements beyond a reasonable for a DUI Conviction:
 
1. Defendant drove, or was in actual physical control of, a vehicle, and

2a. While driving or in actual physical control of the vehicle, the Defendant was under the influence of alcoholic beverages, a chemical substance, or a controlled substance, to the extent that the Defendant’s normal faculties were impaired OR
2b. The Defendant had a blood or breath alcohol level of .08 or more grams of alcohol per 100 milliliters of blood or 210 liters of breath.
 
Take for example this news story from 12/30/2023:
 
FHP: ‘Impaired’ Tampa motorcyclist charged with DUI manslaughter
 https://www.abcactionnews.com/news/region-hillsborough/fhp-impaired-tampa-motorcyclist-charged-with-dui-manslaughter

            In this particular case, there is a breath sample provided by the Defendant and it was measured a .000/.000. This evidence would provide a jury instruction that there is a presumption that alcohol was not impairing the Defendant’s normal faculties. The State Attorney would likely have to demonstrate evidence supporting impairment through chemical or controlled substance use.
 
            IT IS IMPORTANT TO KNOW YOU CAN BE ARRESTED AND CAN BE CONVICTED OF DRIVING UNDER THE INFLUENCE IN FLORIDA IF YOU ARE IMPAIRED BY A CHEMCIAL OR CONTROLLED SUBSTANCE PRESCRIBED BY YOUR DOCTOR
 
            Just because you have a prescription for a medication does not provide you an immunity defense from being prosecuted for Driving Under the Influence. I have represented dozens of clients in recent years on DUI cases where the underlying impairment is alleged to have been marijuana, Alprazolam (Xanax), Adderall, and Ambien with no alcohol in their system whatsoever. 
 
            Most law enforcement officers are not thoroughly trained on how to handle DUI cases where alcohol is not involved. Most police officers have no formal, scientific, or technical training for detecting intoxication due to any substance other than alcohol. Police officers are commonly trained on how to conduct standardized field sobriety exercises created by the National Highway Traffic Safety Administration in the 1970s and 1980s. Those tests were originally created to detect intoxication due to alcohol.

DEFENDING AGAINST A DUI CASE THAT DOES NOT INVOLVE ALCOHOL
 
Having a Florida DUI lawyer on your side who has experience and success at handling and defending non-alcohol DUI cases gives you the greatest possible chance at getting the best outcome possible on your case. Knowing the lawyer you have has been through the NHTSA courses on field sobriety, has the manuals for cross-examination of the officers, and can demonstrated that knowledge to the State Attorney is critical to your defense and peace of mind.