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Can You Get a DUI After Taking Prescription Medication?

Can You Get a DUI After Taking Prescription Medication?

If you’re taking prescription medications, you may be surprised to learn that you can be charged with driving under the influence (DUI) or driving while intoxicated (DWI) in the state of Florida. However, that doesn’t mean that you are automatically at risk of being arrested any time if you are taking medications for an ongoing chronic condition. 

In this brief article, a DUI attorney in Clearwater with Russo, Pelletier & Sullivan shared some tips to help you understand when a prescription medication can be the cause of a DUI or DWI in Florida.

When Can a Prescription Medication Cause a DUI or DWI?

The legal definition of a DUI is defined in Florida Statute Florida Statute 316.193, which states that a driver is “under the influence” if they have taken a drug and their “normal faculties are impaired.” 

What does that mean? If a person has taken something that has affected their physical or mental capacities and are unable to safely operate a vehicle, they are driving while impaired. 

For example, if you have been legally prescribed Alprazolam (“Xanax”) for anxiety and need to leave the house for any reason, you may be arrested for driving under the influence of prescription medications. Another common example is driving while under the influence of a high dosage of Adderall. This drug is used to treat ADHD, and although you can drive safely while taking it, if you take too much of it you may become more prone to aggressive or dangerous driving. Of course, if you regularly take these medications, they will always show up in a urine specimen.

In this instance, you could be charged with a DUI even though the medication was legally prescribed to you and you are using it to treat a chronic condition.

What are the Penalties for Drugged Driving?

You may be thinking that drunk driving has a harsher penalty than driving under the influence of prescriptions, but you’d be wrong. If arrested for drugged driving, you might face anywhere from days to years in jail or prison, and will face steep fines ranging from a few hundred to a few thousand dollars. 

You may also have to complete community service and lengthy probation periods, in addition to losing your driver’s license. On top of this, you will have a permanent criminal record. You can read more about the mandatory sentencing requirements here.

How To Defend Yourself Against Drugged Driving

If you’ve been arrested for driving under the influence of legal prescription drugs, or drugs that are not prescribed by a physician, a DUI defense attorney in Clearwater can help. Your attorney will help you understand all of your options, including the possibility of getting your charges reduced or participating in a diversion program for DUI arrests. 

If you’ve been arrested for driving under the influence, call Russo, Pelletier & Sullivan today. 

Request a FREE consultation today by giving us a call at (727) 578-0303, or submitting our consultation request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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What Should I Do if I’m Charged with a DUI While on Vacation?

What Should I Do if I’m Charged with a DUI While on Vacation?

Nobody plans to spend their vacation dealing with a legal matter, but if you are on vacation in Florida and are stopped for a DUI, you may find yourself in that very situation. Unfortunately, relaxing on vacation and having a few drinks before driving back to your hotel or back to the beach in Clearwater can result in a DUI charge. 

If you’re facing DUI charges that occurred while you were on vacation, navigating the legal system far from home can be difficult. You’ll need help from the best DUI lawyer in Clearwater to help. 

In this brief article, the top DUI lawyers in Clearwater at Russo, Pelletier & Sullivan have some tips to help you if you have been charged with a DUI while on vacation in Florida.

Make a Plan for Your Vehicle

The first step after being bailed out of jail is to make a plan for your vehicle. You may be facing a temporarily suspended license, and if your vehicle was being used for a road trip you may be facing frustrating circumstances. 

In many cases, you’ll need to make a plan to retrieve your vehicle from being impounded. Additionally, if your children were with you on your trip, you may need to make alternative arrangements to help them get home. 

If you were driving a rental vehicle, you will likely need to alert the rental company if the vehicle is impounded and you are unable to get it out. As the owners of the vehicle, they may be required to retrieve the rental vehicle.

Contact an Attorney in Town

If you’re charged with driving under the influence of any substance in Florida, you will need to confirm with an experienced Clearwater DWI lawyer that you do not need to seek court permission prior to traveling out of county. In many cases, our top-rated Clearwater DUI defense lawyers are able to have our client’s “e-sign” paperwork that authorize our lawyers to appear in court so that the client does not have to worry about returning to Pinellas County. For that reason, it’s crucial to find the best DUI lawyer in Clearwater to help you handle as much as possible while you are still in town. 

Our office uses state of the art technology to store client files and communicate with clients. Our team is able to video conference with “out of town” clients to facilitate client meetings and review the evidence in your case.

All hope is not lost if you have been charged with a DUI while vacationing in Clearwater. The top DUI lawyers in Clearwater may be able to help get your charges reduced to reckless driving, depending on the circumstances, and can help you understand your rights and obtain a favorable outcome. 

If you’ve been arrested for driving under the influence, even after just a single drink while on vacation, call the top DUI lawyers in Clearwater at Russo, Pelletier & Sullivan

Request a FREE consultation today by giving us a call at (727) 578-0303, or submitting our consultation request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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Tips From a DUI Lawyer: What To Do If You’re Stopped For Driving Under the Influence

Tips From a DUI Lawyer: What To Do If You’re Stopped For Driving Under the Influence

Imagine this scenario: you have just left a lovely dinner with your friends where you had one or two alcoholic drinks. You don’t feel tipsy or buzzed, but you’re pulled over and accused of driving under the influence. Do you know what to do to protect yourself and your rights? 

In this brief article, our best DUI attorney in Clearwater with Russo, Pelletier & Sullivan has a few tips to keep in mind if you ever find yourself stopped for a DUI.

Tip 1: Be Polite Without Incriminating Yourself

When you’ve been pulled over, it’s frustrating and you might be tempted to argue to defend yourself. While you certainly do not want to be a push-over, it’s important to remain as polite as possible when dealing with law enforcement. 

On the flip-side, you should avoid being overly friendly with law enforcement and accidentally saying something you might regret. For example, you don’t want to admit that you were just having drinks with friends.

Tip 2: Know that you have the Option to Refuse a Field Sobriety Test

Although refusing a breath, urine or blood test after an arrest for DUI can result in a driver’s license suspension pursuant to Florida Statute 316.1932 (1)(a)1.a., you are not required to agree to a field sobriety test. A field sobriety test may include one or more of the following:

  • The One-Leg Stand Test: An officer will instruct the driver to stand on one leg while counting out loud beginning with one thousand. The driver continues to stand and count while the officer looks for signs of impairment such as hopping from foot-to-foot, waving of the arms, or swaying to maintain balance. 
  • Horizontal Gaze Nystagmus Test: While intoxicated, the naturally occurring twitching of the eyes is exaggerated. In this test, the officer is looking for this exaggerated movement and attempting to determine if the driver’s eyes are unable to follow an object smoothly. 
  • The Walk-and-Run Test: an officer will instruct the person to walk, heel to toe, along a straight line. The officer is watching for loss of balance, the inability to touch heel to toe, and using arms to balance.

Simply put: field sobriety tests are too subjective and are often performed illegally or without following the proper procedure. The tests are designed for failure and it is nearly impossible for you to meet law enforcement’s expectations. Quite frankly, if the officer is asking you to do these tests, he/she has likely already bade up his/her mind to place you under arrest for DUI. With this in mind, please know that you have the right to refuse these tests.

Tip 3: Contact an Attorney ASAP

Although you may be tempted to defend yourself, especially when you feel you have done nothing wrong, it’s important to contact an attorney as soon as possible. Your attorney will help you understand the procedure for getting a hardship or temporary license if your license is being suspended, fight the charges or discuss the possibility of reducing your charges, and will work to protect you throughout the process. 

If you’re facing DUI charges, you need the best DUI lawyer in Clearwater with Russo, Pelletier & Sullivan. Call us today.  

For a free consultation with the best DUI lawyer in Clearwater, please contact Russo, Pelletier & Sullivan today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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Avoiding a Holiday DUI

Avoiding a Holiday DUI

A DUI during the holidays can impact the rest of your life. Whether you made a split decision to drive when you shouldn’t have or are unfairly targeted by police, avoiding a DUI during the holidays will help you avoid steep fines, possible jail time, and loss of your driver’s license — not to mention the negative social and career implications of a DUI.   

In this brief article, our best DUI lawyers in Clearwater with Russo, Pelletier & Sullivan have shared a few tips to avoid a DUI during the holiday season. 

Tip 1: Designate a Sober Driver

If you’re planning to drink at a holiday party or gathering, make sure that you decide ahead of time who is going to be the designated driver. If you’re going to a variety of parties or gatherings during the season, consider rotating and serving as the designated driver yourself as well. 

No matter who is the designated driver, make sure that you discuss it ahead of time and if you notice the designated driver still having a drink, talk to them and make sure they understand that they can no longer drive. You’re not only protecting yourself from a DUI, but protecting your friend or family member from a DUI and keeping everyone on the road safe.

Tip 2: Make a Plan and a Back-Up Plan

The penalties for a DUI on a golf cart are the same as the penalties for a DUI in any other vehicle. These penalties will depend on any prior offenses and are defined per section 316.193, Florida Statutes. This states that for a first conviction you’ll face:

  • A fine of not less than $500 or more than $1,000
  • If blood/breath alcohol level (BAL) was .15 or higher, or if there was a minor in the vehicle, a fine of not less than $1,000 or more than $2,000
  • “At the court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program and credited toward the term of imprisonment.”

Additionally, imprisonment for a first conviction is:

  • Imprisonment for not more than six months
  • If BAL was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than nine months

Additionally, your vehicle may be impounded and you may lose driving privileges for as much as a year for your first offense. Remember, if you are arrested a second time on a golf cart, you’ll face even more steep consequences just as you would if you were in any other vehicle.

Tip 3: Be Prepared for the Worst

Of course, the old saying goes “you can plan a pretty picnic but you can’t predict the weather”. So although you might be prepared with a designated driver, Uber, Lyft, taxi, or even hotel room, you still may find yourself behind the wheel after one or two drinks. If you find yourself in this situation and are arrested or suspected of a DUI, make sure you have the phone number of the top DUI lawyer in Clearwater stored in your phone. Even if you’re not guilty, a DUI lawyer will help you understand your rights and how to navigate DUI stops and charges. 

If you’re facing DUI charges, you need the best DUI lawyers in Clearwater with Russo, Pelletier & Sullivan. Call us today.  

For a free consultation with the best DUI lawyers in Clearwater, please contact Russo, Pelletier & Sullivan today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

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