TAMPA DRUG DUI LAWYER
Criminal Defense for Drug-Related DUI Charges
The penalties you could face from a drug DUI arrest in Tampa are incredibly harsh and require an experienced DUI attorney to handle your case. At Buda Law, our DUI lawyers know what it takes to fight a potential DUI conviction. Our attorney Andrew Buda and his team will provide you with the best DUI defense strategy to fight these charges so you can return to normal.
When fighting such severe allegations as a felony DUI, you need the best DUI defense lawyer fighting for you, and that’s Andrew Buda. Contact our Tampa DUI defense attorney immediately if you’ve been arrested for driving under the influence of drugs, controlled substances, or prescription medication.
Facing charges for a drug DUI? Contact us at 813-322-2832 to discuss your case and learn your options during a FREE initial consultation.
Can You Get a DUI for Drugs?
To be arrested for a drug DUI, the driver must physically control the vehicle while under the influence of certain controlled substances or harmful chemicals, according to Florida Statute 316.193. A motorist can be arrested for a drug DUI even when not driving it. To be in actual control of a vehicle means that they’re either in the vehicle, on the vehicle, or have the capability to operate it. You could be arrested for a drug DUI if you’re under the influence of marijuana, other recreational drugs, or prescription medications. Even if you’ve been prescribed medicinal marijuana, you can still be arrested for a drug DUI.
Florida Drug DUI Laws
To be considered “driving under the influence” in Florida, you must be under the effects of a substance that impairs your normal facilities, which can include the ability to hear, see, walk, talk, drive a vehicle, judge distances, act in an emergency, and perform mental and physical activities. Any substance affecting your ability to complete the previously listed tasks can lead to a DUI charge. Substances can include alcohol, illegal drugs, prescription drugs, over-the-counter drugs or medications, or a combination of chemicals. The most common substances we see that result in a drug DUI arrest are:
- Marijuana
- Prescription medications like Xanax, Valium, or Oxycontin
- Over-the-counter medications
- Heroin
- Cocaine
Drug DUI charges can still apply even if you have a valid prescription. If you do not have a valid prescription, you could face drug possession charges in addition to the drug DUI charges. If you’ve been prescribed medications warn against operating a motor vehicle, it’s important not to do so until you know how that medication can affect you.
In Florida, there is no “per se” limit for driving under the influence of drugs or other medications. For instance, the “per se” limit for an alcohol DUI conviction is a blood alcohol content above 0.08%. Since Florida does not have a “per se” for drugs, you can face a DUI conviction for being under the influence of drugs, no matter the amount in your system or if you’ve been legally prescribed the medication.
When fighting DUI cases, it’s crucial to have an experienced DUI defense attorney representing you. Not only will they know how to fight your charges, but they will make sure that you receive the best outcome possible. Contact Tampa criminal defense attorney Andrew Buda at Buda Law today if you’re involved in a drug-related DUI case.
What are the Penalties for a Drug-Related DUI in Florida?
The penalties for a drug DUI arrest are similar to those of an alcohol-related one but can vary depending on the circumstances. The possible drug DUI penalties are:
- First offense: Typically, a person’s first DUI in Florida can result in up to six months in jail, $500-$1,000 in fines, and 50 hours of community service or more. The driver’s license can also be suspended for six months to a year.
- Second offense: If you receive a second DUI within five years of a previous DUI conviction, you could receive ten days to nine months in jail and up to $2,000 in fines. Your driver’s license will be revoked for at least five years.
- Third offense: A person’s third DUI within ten years of two previous DUI convictions can result in 30 days in jail, five years in prison, and up to $5,000 in fines. Your driver’s license will be revoked for at least ten years.
In order to convict you of a drug DUI arrest, the state attorney’s office must prove beyond a reasonable doubt that:
- You drove or were in physical control of the motor vehicle; and
- You were either under the influence of alcohol or a controlled or chemical substance that impaired your normal facilities while operating that vehicle.
Possible Defenses Against a Drug DUI
When you’ve been arrested for drug DUI charges, your DUI lawyer can approach your case with many defense strategies specific to fighting drug-related charges. Some of the possible DUI defense strategies are:
- Lack of probable cause for the traffic stop
- Your Miranda Rights were not given before the interrogation.
- Protocol was not followed in collecting, storing, and/or gathering breathalyzer tests or blood or urine tests.
- The chemical test results were not accurate.
- You weren’t “under the influence” of drugs.
- The signs of “intoxication” were due to illness, anxiety, fatigue, etc.
- You failed the Field Sobriety Test due to uncomfortable shoes, inner ear disorder, etc.
An experienced attorney representing you against a DUI arrest can mean the difference between jail time and a fine. If you’re facing a DUI conviction, contact Tampa DUI attorney Andrew Buda today by calling (813) 322-2832.
Marijuana DUI FAQs
It’s important to understand some facts about marijuana usage and driving. We break down some of the most frequently asked questions about driving and smoking marijuana.
How Long After You Smoke Can You Get a DUI?
How Do Cops Test for Weed DUI?
Does Weed Show Up on a Breathalyzer?
Does an Interlock Detect Weed?
How Long Does Marijuana Impair Driving Performance?
If You’re Facing Drug-Related DUI Charges, Call Top Tampa DUI Lawyer Andrew Buda Today
If you’re facing a possible drug-related DUI conviction, contacting an experienced criminal defense attorney is essential. DUI cases that involve drug use have additional complications than those related to alcohol which is why having an expert DUI attorney representing you is critical. As a former prosecutor turned criminal defense attorney, Andrew Buda at Buda Law has been on both sides of the courtroom and has the experience necessary for you to receive the most favorable outcome. To schedule a free consultation with Tampa DUI lawyer Andrew Buda, call our office at (813) 322-2832 or complete our online intake form today.
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He has connections and relationships with the court systems, which are crucial in negotiations.
He’s definitely a good choice if you want professional representation. I called him a day before my court date he was on time and fully prepared and he worked with me financially as well. He has lots of information that is beneficial towards my case, helping to calm my nerves and also has connections and relationships with the court systems, which are crucial in negotiations in any case. I highly recommend Buddha law to anyone in need of a defense attorney.
– Former Client
His knowledge and experience exceeded my expectations.
Professional and excellent council. He made me feel like I was his only client. Very responsive to my needs and concerns. I highly recommend for your legal needs. His knowledge and experience exceeded my expectations.
– Damond
Life Saver!
Amazing attorney. Always available and very compassionate! Andrew’s name came to us through word of mouth from an individual who stated he saved his life, so far looks like he’s doing the same for us! Highly recommended.
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Professional, honest, a straight talker, very responsive, good communication and was extremely efficient.
Andrew Buda was professional, honest, a straight talker, very responsive, good communication and was extremely efficient in representing my case turning a stressful case that resulted in a very favorable outcome. Would highly recommend!
– Cathi
Andrew got the charges dropped even before it could go to trial.
Mr. Andrew is one of the best lawyers you can find in the Tampa Bay Area. He is not gonna give you false promises, and he will get the job done. I have been to many lawyers before hiring him for my case. The other lawyers told me of the case going to trial and what not but Mr. Andrew got the charges dropped even before it could go to trial. The best thing about him is his ability to connect to his clients and connect with them in a personal level. For him it’s not simply a job, it is his passion to help people. He gave me discount as I was going through some hardships. I recommend him very strongly. He is a man of words and he’s also a role model for others to look up to.
– Habibur
They treated me as a person, not just a case number.
I had an exceptional experience with Buda Law Group. This group absolutely has the high-level of expertise and dedication required to assist you with your case. The attorneys stayed engaged and I valued their proactive communication. Recommendations were made for actions I could take to help with the final outcome. They treated me as a person, not just a case number. From the beginning to the end, I was treated with respect and genuine empathy, especially when navigating a complicated case.
– Mary
Their entire team seem to truly care about their clients.
My entire experience with Buda Law was absolutely 5 stars! After sending them a message on their website, within minutes I received a phone call from Attorney Julie Adue. Julie is absolutely phenomenal, was with me every step of the way, and answered all my questions throughout the process. Her knowledge and empathy really helped put my mind at ease, and have full confidence in who I chose to represent me. There was even a time I called the office and asked for Julie, and her paralegal, also named Julie was always so helpful! Highly recommend Buda Law overall, their entire team seems to truly care about their clients which isn’t always easy to come by!
– Alexa
He’s an outstanding lawyer and he’s passionate about helping those in need.
Thanks to Andrew my mom was able to get out a week before my wedding!! He’s an outstanding lawyer and he’s passionate about helping those in need. If I had to recommend someone an amazing lawyer it would be Andrew Buda best there is and best there’ll ever be. I appreciate what you did in the 2 days you had to collect the information and to win the case. Keep up the great work you are doing. From me and my family we thank you for ever!
– Abraham
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WHAT MAKES OUR DEFENSE SO EFFECTIVE?
- Former State Prosecutor
- Highly Responsive & Accessible
- Result-Oriented Advocacy
- We Prepare Every Case as if it's Going to Trial
- Personal Representation Centered Around You
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