Chemical or Controlled Substance in Florida
Designer Drugs May Not Count
In accordance with Florida’s DUI statute, the state is responsible for demonstrating which specific drug led to the defendant’s impairment. To meet this requirement, the state must identify the particular drug, as it must be listed in Chapter 893. Importantly, operating a motor vehicle in the State of Florida while impaired by a substance not categorized as a controlled substance in Chapter 893 is not considered a crime.
In the ever-changing world of controlled substances, the legislature is often slow to act. A great example was Ambien. Until 2018, the active ingredient in Ambien, Zolpidem, was not listed as a controlled substance in Florida. Until the legislature acted, people accused of DUI while under the influence of Ambien were not able to be convicted of DUI. It took years for the legislature to act, but now DUI arrest involving Ambien can result in a criminal conviction. That said, only you can know what chemical or controlled substances may have been responsible for the observed behaviors and it is important to tell your DUI lawyer so they can formulate the appropriate defense.
DUI Checkpoint Lawyer for Broward County, Palm Beach County, and Miami-Dade County
At The Law Office of Sean Clayton, PA, our dedicated team of DUI lawyers specializes in providing vigorous defense for DUI cases in Fort Lauderdale, Miami, and West Palm Beach. Our primary objective is to achieve the best possible outcomes for our clients, often resulting in complete dismissal of charges or reduction to the lesser offense of reckless driving.
Additionally, we offer invaluable guidance to our clients throughout the administrative proceedings with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Our advice includes strategic approaches that may enhance their chances of a favorable resolution. Ultimately, our goal is to assist clients in minimizing the long-term consequences associated with a DUI charge.
Following a DUI arrest in Fort Lauderdale or anywhere in South Florida, you will encounter two distinct cases. First, there is the administrative case with the DHSMV, which focuses on the suspension of your driver’s license. The second is the criminal case which unfolds in the courts. Our experienced DUI lawyers handle both types of cases across South Florida and can provide expert guidance on the best course of action for your situation.
We strongly encourage anyone accused of DUI with property damage to consult with a DUI attorney early in the process. For assistance in selecting the right attorney, consider reviewing our Tips for Selecting a DUI Attorney.