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Dui Arrest For Drugs Rather Than Alcohol

Dui Arrest For Drugs Rather Than Alcohol

Posted By Parks & Braxton, PA || 15-Jul-2016

What is the Implication of a Urine Test in a DUI Case? Many times an officer concludes that a driver is impaired by drugs rather than alcohol. Florida law makes it illegal to drive a car while under the influence of a controlled substance listed under F.S. 893 or a chemical substance set forth in F.S. 877.111. If after arrest, an officer has reasonable cause to believe that the driver is under the influence of a controlled or chemical substance, the officer can request a urine sample. It is important to understand that while many controlled substances are prescribed, this is not a defense to the crime of driving under the influence. The following article discusses some of the issues that pertain to urine testing as it relates to an arrest for DUI in Florida. First, before an officer can request a urine sample, they are required to have reasonable cause to believe that the individual is not merely under the influence, but more specifically that they are under the influence of a controlled or chemical substance. There are a number of cases that address the issue of reasonable cause to request a urine sample. Many of the County Courts in Florida disagree with one another. Most cases involve a situation where the driver admits to consuming some type of controlled or chemical substance. Some DUI arrests involve a situation whereby drugs are actually found in the car. Those are circumstance where the Courts have found that a request for urine was lawful. On the other hand, the request for a urine sample simply because the person arrested was below the legal limit has often held to be unlawful. The general principle is that a urine test is not admissible until the prosecutor can prove that the officer had reasonable cause to believe that the person was under the influence of a controlled or chemical substance.

DUI FOR DRUGS

Second, the type of drug revealed in a urine sample plays a significant role in the defense of a person charged with DUI. For example, cannabis can last in a person’s system for approximately one month. Thus, without an admission by the defendant concerning when they last smoked, there is nobody who can testify that the person was impaired by the cannabis on the date of the arrest. Moreover, in a Florida DUI case, urine results only show whether a drug was positive or negative. Rarely if ever does a urine test reveal the level of a particular drug in the urine. Again, this makes it difficult to prove that a person was under the influence of a particular substance despite its presence in the urine screen. Ultimately, there are a variety of ways to attack drug testing as it relates to the charge of driving under the influence. If you have any questions, please feel free to call Parks & Braxton at (305) 655-­2900.

Categories: Zimmerman Case

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