Legal Question in DUI Law in Florida

DUI arrest ... Fight or plea out??

I received a DUI in Florida where I blew 0.00 twice, but I admitted using heroin 11 hours prior to eing pulled over during the arrest. They gave me a urine test but the results came back positive only for my prescribed methadone and an 'unknown substance'. I have several things working in my favor outside of that, although a drug recognition expert was brought in during arrest to observe me, but my attorney I hired is telling me that I have very little chance in a trial since I verbally admitted the night of the arrest I had heroin in my system. I did also explain to the arresting officer that it wasn't intoxicating me but was rather to prevent me from being sick earlier for school as I forgot my methadone on the way to class that morning and didn't have the time to return home for it so I had to grab something off the street by campus. I have trial/ plea date set for next week so I need a second opinion soon in case I need to try to find other counsel or anything as my attorney had never told me aout the results of the urinalysis being only for my prescried medication, it is something I found out on my own last week. Thank you for your time


Asked on 1/21/09, 12:20 pm

2 Answers from Attorneys
Rebecca Zima The Law Offices of Rebecca Zima, P.A.

Re: DUI arrest ... Fight or plea out??

To admit the evidence of your heroine use during trial, the State will have to call an expert to testify to the quantity of each drug in your system as well as the effects those drug levels would have on your normal faculties. Such an expert is expensive for the State and they may not make the effort in a simple DUI case. With a Motion to Suppress or a Motion in Limine (which asks for an evidentiary ruling before trial), you may be able to keep out any evidence of your drug use if the State cannot produce this particular expert testimony--then your statement about drug use would also become inadmissible. Since you had no alcohol in your system at all, you have some very good defense issues, whether you actually go to trial or just try to get a reduced charge of Reckless Driving. Good luck.

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Answered on 1/21/09, 2:22 pm
Fleet Tilden TildenLaw

Re: DUI arrest ... Fight or plea out??

Doesn't appear as though you committed a DUI from the facts given. I therefore would not recommend taking a plea as charged. I agree that the prior answer given is sound. This isn't a case the state will be excited to take to trial.

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Answered on 1/21/09, 9:22 pm


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