Those three little letters, DUI, can become like the red A from The Scarlet Letter. They follow you around in your criminal record. Your family and friends start to think differently of you.
It may seem like the way to avoid them is not to drink. Is it that simple? Are there other ways you could encounter those three dreaded letters?
Read on to learn whether or not you can get a DUI without drinking alcohol.
Causes of a DUI Without Drinking Alcohol
Remember that the acronym DUI means “driving under the influence.” The word “influence” is the hardest to define. It can refer to any substance that impairs your ability to drive.
That explains why you can get a DUI without drinking alcohol. The most common causes are drugs, whether illicit or bought over-the-counter.
Illicit Drugs
Driving plus illegal drugs equals a non-alcohol-related DUI. Even a trace amount of a Schedule 1 drug could be enough to charge you. These substances include:
- Heroin
- LSD
- Ecstasy
- Quadalates
- Bath salts
You may also get a drug charge added on top of the DUI. The penalties build on each other.
Prescription Medication
You can also get DUI charges without alcohol while using legal medications.
A KFF or Kaiser Family Foundation study found that at least 60% of Americans use prescription medications, with 25% taking four or more.
Certain prescription drugs can interfere with the ability to drive. These include:
- Antipsychotic medications
- Antiepileptic medications
- Diet pills
- Stimulants
It’s also essential to carefully read the side effects of any medication you’ve been prescribed. If they cause dizziness, drowsiness, or other impairments, you may be unable to take them and drive.
Over-the-Counter Meds
Even medications you can get without a prescription can impair your driving ability. There are over 300,000 over-the-counter medications available today. There is a chance for misuse, particularly in the elderly population.
Sleep aids and antihistamines cause drowsiness, which can lead to falling asleep at the wheel. They can also have side effects, especially when abused.
Understanding Impaired Driving Laws in Florida
Many states have impaired driving laws that cover alcohol and drug impairment. Some use the term DUI(D) or drugged driving for non-alcohol-related cases.
The penalties for a DUI in Florida apply regardless of whether or not alcohol was involved. They depend on how much of the impairing substance was in your body and how many times you’ve faced a DUI charge before.
Potential penalties can include:
- Fines
- Jail time
- Impounding of your vehicle
- Suspension or loss of license
- Wearing a Breath Alcohol Ignition Interlock Device
- Substance abuse counseling
- DUI school
Evidence in a Non-Alcohol-Related DUI
Just like with alcohol-related DUIs, one of the first signs that may cause an officer to suspect a driver to be under the influence of alcohol is poor driving habits such as swerving or speeding. They’ll also look for signs such as:
- High blood pressure or pulse rate
- Dilated pupils
- Injection marks
If an officer suspects a driver may be under the influence of a drug, they’ll typically rely on various types of field sobriety tests. The most common include the following:
- Walk and Turn
- One Leg Stand
- Horizontal Gaze Nystagmus
These tests are the most common method for determining impairment, but they are often flawed. They are performed in the dark under stressful circumstances.
Other evidence may include:
- Blood or urine tests
- Expert testimonies
- Dashcam or bodycam footage
Defending a Non-Alcohol-Related DUI
Understanding DUI laws is a messy business, especially with how they relate to non-alcohol-related cases. It throws another wrench into the mix that’s difficult to handle yourself.
Get an expert DUI defense attorney to handle it for you. They know how to argue your case with as little damage to your driving record as possible. They can help you choose the right plea and fight any evidence against you.
Choose the Right Plea
Pleading guilty won’t necessarily resolve a non-alcohol-related DUI. It could still cost you your license and increase your insurance premiums, among other issues.
A no-contest plea may be better. Your lawyer can advise you on the best option and keep you from taking a deal you don’t want.
Question the Arrest
The best place to start is at the beginning. That’s why your defense should begin at the night of the traffic stop and arrest.
It’s important to question whether it was done legally. The officer needs to have respected you and read you your Miranda rights during the procedure, or the entire case could be thrown out.
Challenge Drug Tests and Evidence
A lawyer’s job is to create reasonable doubt. Questioning the validity of any evidence against you is the key to getting the DUI claim dropped.
That means challenging the accuracy of any drug testing methods. They can often lead to false positives and be influenced by external factors. A breathalyzer can be wrong, and so can blood or urine tests. Your defense should try to prove this or at least bring up the possibility.
The lawyer’s next step is to move on to sow doubt about other evidence brought up against you. Did that dashcam footage show what the court thought it showed? How much did the experts who were on the stand know?
Use Expert Witnesses
The prosecution in your case is bound to use expert witnesses such as doctors or pharmacists. They’ll attempt to say that the medications you were on the day of your arrest made you incapable of driving.
Your lawyer can turn it around and use their expert witnesses. Have them testify on the effects of medications. They can prove the ones you used on the day of your DUI wouldn’t have impaired your driving ability.
Know Where to Get DUI Legal Advice
It is possible to get a DUI without drinking alcohol. Other substances can impair your ability to drive. They range from illicit drugs to over-the-counter medications.
Turn to RHINO Lawyers to get out of this legal loophole. With our long history of successful casework, we’ve seen all the tricks. We’ll talk you through it all with a friendly attitude on whatever communication platforms you prefer. Contact us for DUI legal advice today.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
