Drugged DUI

A charge of drugged DUI carries the same severe penalties as a DUI involving alcohol.  You can be charged with a drugged DUI even if the ‘drug’ is legal or you have a valid prescription for it.  A conviction can result in jail time, a suspension of your driver’s license, fines, and other penalties.

Brooksville Drugged DUI Defense Lawyer

Facing your drugged DUI charge can be an intimidating, distressing experience. If you have been arrested for drugged DUI in North Weeki Wachee, Homosassa Springs, Floral City, Wildwood, Lake Panasoffkee, Spring Hill, Brooksville, or the surrounding areas in Hernando, Citrus, or Sumter Counties, you’ll want more than just a defense attorney – you’ll want an experienced and sympathetic drugged DUI defense lawyer who understands just how all-consuming of your life your drugged DUI charge in Florida is.

The Law Office of Ashley Aulls, P.A. has practiced law since 1996. With a family tree full of legal professionals, Ashley Aulls is a highly skilled and knowledgeable Hernando County criminal defense lawyer who founded Ashley M. Aulls, P.A on the principle that the client is as important as the case. Ashley Aulls doesn’t just fight to protect your rights and your future from convictions — he seeks to educate you on your charges and keep communication lines open for your concerns.

To begin fighting your drugged DUI charge in Hernando County, Citrus County, or Sumter County, call Ashley M. Aulls, P.A at (352) 593-4115 today to arrange your initial case consultation.

Info on a DUI with Drugs

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Florida Prohibition on Controlled Substances and Driving

In Florida, you can be arrested for drugged DUI if you are in actual physical control of a vehicle with your normal faculties impaired by drugs or controlled substances such as inhalants, marijuana, Xanax, Oxycodone,  ecstasy, heroin, or cocaine.  This even includes legal drugs and drugs you have a doctor’s prescription for.

Actual physical control of a vehicle does include driving; however, you can also be considered in actual physical control of a vehicle even if you are not driving.  Many factors contribute to determining whether you were in actual physical control of a vehicle, such as your location in or around the car, whether you had the keys in your possession or on your person, and whether the vehicle is operable.

“Normal faculties” are defined by Fla. Stat. § 316.1934 as including the ability to see, hear, talk, walk, make judgments, and normally perform general mental and physical activities of daily life. If you lack full possession of normal faculties, you are considered impaired.

It is therefore possible to be charged with a drugged DUI under Florida law in Spring Hill, Brooksville, Timber Pines, or elsewhere in Hernando County or the surrounding areas if a law enforcement officer claims your faculties are impaired even if you did not take any drugs other than your normal prescriptions, or if you were napping in a parked car. No matter the circumstances surrounding your drugged DUI charge, whether you were driving or met other Florida specifications, the advice of an experienced drugged DUI defense lawyer serving Hernando County is highly recommended.

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Penalties for Drugged DUI in Florida

The penalties that come with a conviction for a drugged DUI in Florida are the same as those for a conviction of a DUI involving alcohol, which are severe and can differ based on the circumstances of your particular case. By law in Fla. Stat. § 316.193, a first conviction for drugged DUI results in:

  • Up to six months in jail
  • $500-$1,000 fine
  • 50 hours of community service, up to half of which the judge may allow you to “buy out” per Fla. Stat. § 316.193(6)(a) at $10 an hour
  • Immobilization or impoundment of your vehicle for 10 days, which may not be served concurrently with incarceration
  • 6-12 months of a driver’s license revocation, separate from any administrative penalties
  • Level I or Level II DUI school, which may include an evaluation for drug abuse as well as mandate continued treatment

A drugged DUI is graded as a first-degree misdemeanor if you have no prior convictions, which means you will be required to disclose it on most Florida job applications.  It can therefore affect your future educational and professional opportunities. If you are considering the services of an experienced Hernando County drugged DUI defense lawyer as a part of your defense strategy, it is best to contact an attorney as soon as possible after your arrest.

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Enhanced Penalties for Driving While Drugged

Certain circumstances are considered aggravating circumstances for any DUI. If you were accompanied by a minor in the commission of your DUI offense, you will face additional penalties.  Your drugged DUI penalties will be enhanced to a maximum jail sentence of one year, and a fine of $2,000-$4,000.

You face more severe penalties if you have previously been convicted of any similar drug or alcohol related driving offenses in Florida or even other states, even if this is the first drugged DUI or first DUI of any type you have been charged with in Florida.  Under Florida Statute § 316.193, any previous DUI conviction in Florida and any previous conviction outside Florida for “driving under the influence,” “driving while intoxicated,” “driving with an unlawful blood-alcohol level,” “driving with an unlawful breath-alcohol level,” “driving while ability impaired by alcohol,”  or any other similar alcohol-related or drug-related traffic offense is considered a “previous conviction” that will increase penalties for a conviction of drugged DUI in Florida.

You face even more severe penalties if you are accused of causing or even contributing to cause property damage, injury, or death.

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Defenses to a Drugged DUI Charge

Some defenses may be available to fight a charge of drugged DUI.   For example, the prosecution must prove that your faculties were actually “impaired” and not merely “weakened.”  Simply having some amount of drugs in your system may not be sufficient to prove beyond a reasonable doubt that you were “impaired” or “under the influence” of the drug.

An experienced drugged DUI defense lawyer serving the Brooksville area can help you fight against these charges and any enhanced penalties following an arrest for drugged DUI in Hernando County.

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Finding the Best Controlled Substance DUI Attorney in Hernando County

If you are facing a drugged DUI in Hernando County, Citrus County, or Sumter County, contact Ashley M. Aulls, P.A. Experienced drugged DUI defense attorney Ashley Aulls has practiced law since 1996. He is passionate about defending clients like you who are facing drugged DUI charges, and putting their needs first. Call (352) 593-4115 today to see what experienced defense lawyer Ashley Aulls can do for your drugged DUI case.