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Brevard County Florida

DUI for Drugs in Brevard County, Florida

DUI for Drugs

Can you get a DUI for drugs? According to Florida Statute 316.193, a person commits DUI if they are in physical control of a vehicle when their blood alcohol level is 0.8 percent or higher, or they are high on a restricted substance. A restricted substance, in layman’s terms, refers to prescription drugs or illegal substances that have a considerable impact on the person’s mental or physical capacities.

Many of the same regulations and statutes apply to drugged driving as they do to DUIs involving alcohol. However, these cases are more complicated since law enforcement cannot utilize the same testing methods to determine whether a driver is “under the influence” as they can with alcohol. If you have been charged with a DUI for drugs, seek the services of a Florida DUI lawyer.  

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Types of DUI for Drugs  

Driving or being in physical control of a vehicle while under the influence of certain restricted substances or harmful chemicals may result in a DUI and drug charge in Florida.

Prescription Drugs

Many people believe that “drugged driving” refers solely to illegal narcotics like cocaine, heroin, or marijuana. However, you may also face a DUI charge if law enforcement believes you drove while under the influence of prescription medicine. Antidepressants such as Xanax and sleep medicines such as Ambien are common prescription pharmaceutical cases. Florida’s list of controlled substances includes stimulants, benzodiazepines, cannabinoids, methamphetamine, and certain pain relievers, among others.

Harmful/Illegal Chemicals

Nitrous oxide, isopropyl alcohol, and a number of compounds present in chemical solvents are categorized as harmful chemicals and are typically found in recreational drugs. Marijuana DUIs are among the most common types of drugged driving charges because the active element in marijuana (THC) can remain in the user’s system for several weeks. Although this is insufficient evidence to get a conviction, a minor driving error paired with this evidence can result in a conviction.

Penalties for Driving Under the Influence of Drugs in Florida

DUI with drugs is normally a misdemeanor. However, if the prosecution believes you were responsible for a significant accident or serious bodily harm to another person, you could face felony charges. Prior DUI convictions (even if they did not contain drugs) may also result in an automatic felony drugged driving prosecution.

  • The first offense may result in a fine of up to $1,000 (no less than $500), a license suspension of up to one year (no fewer than 180 days), up to six months in jail, and vehicle impoundment.


  • The second offense carries a fine of up to $2,000 (no less than $1,000), an ignition interlock device, a one-year license suspension, a year of probation, community service, a psychological evaluation, and other penalties.


  • The third offense results in a $5,000 fine, a year in jail, an ignition interlock device, license suspension, probation, psychological evaluation, 50 hours of community service, and other penalties. A third offense within ten years of the second carries harsher penalties. These include a ten-year license suspension, 50 hours of community service, and a five-year prison sentence.


  • The fourth offense is a third-degree felony punishable by a $5,000 fine, an ignition interlock device, car impoundment, community service, a psychological evaluation, and five years in jail.

Charged with DUI for Drugs? Legal Eagles Can Help!

If you have been charged with a DUI for drugs, a Brevard County defense lawyer from our firm can help you avoid a conviction. Contact Mario Gunde Peters & Kelley to have the expert assistance of a DUI lawyer on your side. As the leading DUI defense lawyers, we are committed to assisting our clients and therefore provide free first case evaluations. Call our office today to make an appointment and receive immediate legal assistance regarding DUI and drugs.

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