Drug DUI Defense in Daytona Beach

Florida’s Only Daytona Beach Firm Focused Exclusively on DUI Defense Since 1983

Under Florida Statute 316.193, a person commits DUI when their normal faculties are impaired by alcohol, any chemical substance, or any controlled substance listed in Florida law. There is no per-se drug concentration limit the way there is for alcohol. That distinction matters enormously for how these cases are prosecuted and how they can be defended.

A drug DUI charge can involve a wide range of substances:

• Marijuana
• Cocaine and crack cocaine
• Heroin
• Prescription painkillers, such as OxyContin and Vicodin
• Prescription anti-anxiety medications, such as Klonopin and Valium
• Prescription anti-addiction drugs, such as Suboxone and Methadone

The charge goes by several names: drug DUI, DUI drugs, drugged driving, and DUID. Whatever it’s called, a conviction carries serious and permanent consequences. Whited Law Firm has handled thousands of DUI cases across Volusia and Brevard counties since 1983, focusing exclusively on DUI defense. Attorney Flem Whited is one of only three Board Certified DUI Defense attorneys in the entire state of Florida.

Why Drug DUI Cases Are Scientifically Contested

Proving drug impairment is fundamentally more difficult than proving alcohol impairment, and that difficulty can create defense opportunities. Unlike alcohol, science cannot reliably correlate a specific drug concentration in blood or urine to a specific level of driving impairment. Individual drug tolerance varies widely and can’t be accounted for by a roadside officer or a lab result.

Urine Testing Limitations

Florida commonly uses urine testing to detect drug presence in drug DUI cases. A positive result shows only that a substance was present at some point before the test, not that the driver was impaired at the time of driving, which is the legal standard the state must meet. Attorney Whited has successfully challenged chemical testing reliability in Florida courts before, including a challenge to the Intoximeter 3000 that resulted in thousands of breath test results being suppressed statewide. That same analytical rigor applies to drug impairment testing.

Drug Recognition Expert Qualifications

When the arresting officer isn’t a certified Drug Recognition Expert (DRE), which is a law enforcement officer trained in a standardized protocol to identify drug impairment, Florida law may allow the defense to challenge or preclude that officer’s testimony about the signs and symptoms of drug use. Many arrests are made by officers who haven’t completed DRE certification, and that gap in qualifications can be significant at trial.

Prescription Drug DUI Arrests

Prescription drug DUI arrests are among the most misunderstood charges Whited Law Firm handles. Florida law doesn’t recognize a valid prescription as a defense if the driver’s normal faculties were impaired. Clients who took their medication exactly as prescribed, at the correct dosage, have still been arrested. The firm regularly represents people who had no idea their lawful medication use could result in a DUI charge.

Speak with Whited Law Firm After a Drug DUI Arrest

Time matters after a drug DUI arrest in Daytona Beach. There is a 10-day window from the date of arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to contest the administrative license suspension. Missing that deadline means an automatic suspension with no opportunity to request a hearing.

Attorney Whited and the team at Whited Law Firm are available around the clock for clients across Volusia and Brevard counties. Free initial consultations are available in person at the Daytona Beach office and virtually. Call (386) 339-0702 to get started.