Mario, Gunde, Peters, Rhoden & Kelley, llc

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    • Kenneth E. RhodenKenneth E. Rhoden – Mr. Rhoden has been an attorney practicing in Brevard County since 1986. He has litigated many serious cases including complex divorces and death penalty cases.
    • Michael J. KelleyMichael J. Kelley – Mr. Kelley is an experienced trial attorney with a strong emphasis on Criminal Defense such as DUI, misdemeanors, felonies, VOP, and juvenile cases.
    • Barbara Helm PetersBarbara Helm Peters – Ms. Peters is an experienced trial attorney with an emphasis in Family Law and Criminal Defense. Admitted to the Florida Bar in 1995, she is also a Florida Supreme Court Certified Mediator.  
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    • Anthony P. MarioAnthony P. Mario – Mr. Mario founded our firm in Brevard County in 1976. He is retired and is of counsel to the firm. He focused on Family Law, Criminal Defense, and complex Civil Litigation.
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        (321) 631-0506
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        319 Riveredge Boulevard
        Cocoa, FL 32922


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        (321) 676-2150
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    Home » Criminal Law » DUI » Driving Under the Influence – Marijuana, Alcohol, Prescription Drugs

    DRIVING UNDER THE INFLUENCE

    MARIJUANA, ALCOHOL, PRESCRIPTION DRUGS

    Driving Under the Influence

    DUI-AccidentA study by the AAA Foundation for Traffic Safety looked at drivers involved in fatal crashes in the state of Washington over four years.  Results showed 10% of those drivers had a detectable level of THC in their bloodstream either at the time of the crash or shortly after the crash.

    Of the group studied the following results were shown:

    • 34% had no alcohol and no drugs in blood drawn
    • 39%  had alcohol detected in blood drawn
    • 16.5% had other drugs in blood drawn
    • 10.5% had both alcohol and other drugs in blood drawn

    SOURCE:  AAA Foundation for Traffic Safety study of Prevalence of Marijuana Involvement in Fatal Crashes in Washington 2010-2014.  (published May 2016)

    Driving under the influence in Florida is not a crime limited to alcohol.  You can be charged with DUI by the Brevard County Sheriff’s Office or other local law enforcement officers (from Melbourne, Palm Bay, Indialantic, etc.) if you are under the influence of other substances that impair your (normal) faculties.

    This is no joke.  Marijuana comes in many shapes and sizes, strains, and recipes.  Suppliers have been known to include additives that may include chemicals that increase the effects of the marijuana or have additional effects on the user.  If you get in the car after smoking a little pot you can be charged with a felony – that is serious.   Some people like to combine prescription drugs with a little smoke.  That can also contribute to DUI charges.

    If you happen to cause another person serious bodily harm while you are driving under the influence of just a little pot you are facing prison.  Not jail – prison.  Up to five years and fines up to $5,000.00 not to mention your legal bill.  Causing serious bodily injury in this way is a third degree felony.  It is more difficult to defend against this type of DUI charge and it will cost you much more than just a DUI on your record.

    Don’t smoke and drive even though you may think, “Eh, the cop won’t even know.”  Accidents are just that and can happen whether you’ve smoked up, had a drink or are as clean and sober as you’ve ever been.  That accident can have serious, long reaching effects.  If the officer arrests you for suspected DUI he or she can arrange for a warrant requiring you to have a blood test which may confirm your state of influence.

    If you are facing DUI call us for a free consultation.  We are the largest and most experienced criminal law and family law firm in Brevard County.  There are former Assistant State Attorneys, former Assistant Public Defenders, and lawyers with over 20 and over 30 years experience practicing law in our firm.  Experience matters.

    Two locations to serve you: Melbourne and Cocoa Village.   Attorneys available by phone 24/7 for your urgent matters. 321-631-0506

    Related Topics

    1. How to Avoid Arrest for Drug Crimes
    2. DUI
    3. DUI Breath Tests and Blood Tests – What Is Legal?
    4. DUI Statutes and Penalties
    5. Felony Drug Offenses
    6. Felonies
    7. Determination of Paraphernalia
    8. Miranda Warnings
    9. Felony Sentencing
    10. Criminal Law

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      The information on this website is not legal advice and is provided only as general information. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The law changes rapidly and can be interpreted in different ways by different courts. The contents of this site could be unsuitable to your circumstances, outdated, or not sufficiently detailed for your needs. An attorney-client relationship is not created by review of this site. By use of this site, as with any electronic communications privacy is not guaranteed. Mario, Gunde, Peters, Rhoden & Kelley will not sell or disclose or in anyway use information you provide that is not consistent with the provision of legal services, unless required by law. This website is provided without warranty either express or implied of any kind. Links within this website are independent of this website and are provided only as a convenience and MGPR&K disclaims any responsibility for the contents of the sites.