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Are drug-related DUI arrests always valid?

On Behalf of | Aug 12, 2021 | DUI |

Perceptions exist about those arrested for driving under the influence. The public generally assumes that Florida DUI arrests involve people using alcohol, which is often the case. However, many DUI incidents involve people using legal or illegal drugs. Drivers under the influence of drugs may find themselves battling a false positive, though. Detecting the presence of drugs in a driver’s system might not always be as accurate as believed.

Dealing with problems common with drug detection

Law enforcement personnel might undergo training to learn how to detect drugged behavior. These “drug recognition experts” may pick up on cues that suggest someone suffers from a drug-related impairment. Some indicators may suggest a suspect is under the influence, such as poor coordination, an erratic attitude, and glazed eyes. Of course, someone may act like he or she is under the influence when they have no drug in the system. And yet, the suspect could face a DUI arrest, along with unnecessary costs and stress.

A field sobriety test commonly substantiates an arrest. However, someone might fail the test even though sober. Breathalyzer results might not support the arrest because the person didn’t drink, but the officer may still suspect drug use.

Addressing the DUI charges

If the suspect undergoes a drug test, the results might reveal the person was not under the influence. An attorney could present the clean drug test as evidence with the hope of dismissing all charges.

Sometimes, a person may have a small amount of a legal drug in the system. An attorney could present facts suggesting that the amount did not rise to the level of impairment.