Drug DUI Defense in Ormond Beach

How Drug Impairment Evidence Is Evaluated in Florida

Florida DUI law applies when alcohol, a chemical substance, or a controlled substance impairs a driver’s normal faculties, meaning the ordinary mental and physical abilities needed to act safely. A drug-related allegation may involve an illegal substance, a lawfully prescribed medication, or a combination of substances.

Substances commonly involved in these allegations include:

• Marijuana
• Cocaine or heroin
• Prescription pain medication
• Anti-anxiety medication
• Prescription addiction-treatment medication

Florida doesn’t use a fixed drug concentration comparable to the legal blood alcohol concentration limit. A urine test may establish that a drug or its metabolite was present, but presence alone doesn’t establish impairment at the time of driving. The timing of use, test limitations, officer observations, field exercises, and other circumstances may therefore become central to the analysis.

Drug Recognition Expert Testimony

A Drug Recognition Expert is an officer trained to evaluate whether observed impairment may be associated with a category of drugs. When the arresting officer isn’t a certified Drug Recognition Expert, the defense may challenge the foundation for testimony connecting physical signs or behavior to drug use. Attorney Flem Whited is a past president of the National College for DUI Defense and has trained other lawyers in this field. That experience informs the careful review of such testimony.

Evidence Suppression Issues

Evidence suppression is the process of asking a court to exclude evidence obtained in violation of legal requirements. In proceedings within the Volusia County Seventh Judicial Circuit, disputes may concern the basis for the traffic stop, continued detention, arrest, or collection of a urine sample. The specific facts and applicable law determine whether a suppression argument is available.