Illegal drugs include any drug listed in Florida Statute 893. These can be the obvious drugs such as marijuana or cocaine, as well as other common drugs such as oxycotin or codine for which you do not hold a valid prescription.
When challenging an illegal drug DUI, the attorneys look at the following:
- The reason for the stop. If there was non reason for the stop or arrest then the results of the urine screen may be able to be suppressed.
- The reason the officer asked for a urine test. Did they ask because they had reasonable suspicion that you took some type of drug or did they just not like the result of your breath test?
- Are the drugs in your system metabolites? Meaning that at the time of the urine test there were no active drugs within your system
- Are you a chronic dug user? Your usage can affect the results of a test. For instance chronic marijuana users may show a positive result up to 12 hours after smoking.
These are just some of the factors an experienced attorney will look for when evaluating and defending your DUI charge based on illegal drug use.
