Coral Gables Drug DUI Defense Attorney

What Is Drug DUI? 

Driving under the influence (DUI) doesn’t just apply to alcohol. You can be charged with a drug DUI if you operate a vehicle while your normal faculties are impaired by any controlled substance, prescription medication, or chemical substance (Fla. Stat. § 316.193).

Because there is no “per se” limit for most drugs, prosecutors often rely on subjective observations and field sobriety performance. We can rigorously cross-examine the arresting officer, scrutinize dashboard camera footage, and consult toxicology experts to expose gaps in the prosecution’s narrative.   

Understanding the Penalties for a Drug DUI Conviction 

A drug DUI conviction triggers severe penalties that can devastate your finances and freedom. Our firm can fight for reduced charges or alternative diversion programs when possible to help mitigate these life-altering consequences. 

The exact penalties depend on the offense: 

• A first drug DUI carries up to six months in jail, $500 to $1,000 in fines, and 180 days to one year of license revocation.
• A second drug DUI carries up to nine months in jail, $1,000 to $2,000 in fines, and a mandatory ignition interlock device for at least one year. A second offense within five years of the first carries a minimum of ten days in jail and a five-year license revocation. 
• A third drug DUI that occurs within ten years of a previous conviction is punishable by up to five years in prison, fines of $2,000 to $5,000, and a license revocation of at least ten years.

Can I Face a DUI Charge for a Lawfully Prescribed Medication?

Yes. Florida’s DUI statute doesn't distinguish between illegal drugs and legally prescribed medication. Having a prescription explains why the substance is in your system, but it doesn't excuse impaired driving. 

Xanax®, Ambien®, and oxycodone are all controlled substances. If they impair your normal faculties behind the wheel, you can be charged with DUI regardless of a valid prescription. However, a prescription changes how a case should be defended. 

Our attorney can examine the dosage, timing, and your individual tolerance to challenge whether the substance actually caused impairment, or whether the officer misread normal side effects, fatigue, or an unrelated medical condition as intoxication.

What Happens to My License After a Drug DUI Arrest?

After a drug DUI arrest, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) will suspend your driving privileges if you refuse a urine or blood test. This administrative suspension is completely separate from criminal proceedings, meaning you can lose your license before you’re even convicted of a crime. 

You only have ten days from the date of your arrest to request a formal review hearing with the DHSMV to challenge the suspension. Our firm can intervene early to protect your driving privileges by filing the necessary paperwork and representing you at both administrative and criminal hearings.

Even if the suspension is upheld, we can fight to secure a temporary hardship license so you can continue commuting to work or school while we fight your criminal charges.