Serving Miami, FL Since 2006
DUI with Drugs Attorney in Miami
Understanding Drugged Driving Laws in Miami
Driving under the influence of drugs (DUI with drugs) is a serious offense in Miami. Unlike alcohol-related DUIs, DUI with drugs cases involve a range of substances, including illegal drugs, prescription medications, and even over-the-counter drugs if they impair your ability to drive safely.
In Miami, law enforcement officers are trained to identify signs of drug intoxication, often using field sobriety tests and chemical tests such as blood, urine, or oral swabs.
Miami-Dade County law enforcement agencies, including the Miami-Dade Police Department and the City of Miami Police Department, routinely conduct traffic enforcement around major corridors such as I-95, the Dolphin Expressway, and the Palmetto Expressway.
Officers often receive additional training in drug recognition, which can affect how your stop, arrest, and testing are documented. We carefully review these records to determine whether the officer followed required procedures and whether there is a basis to challenge the accusations.
Schedule your free initial consultation with an experienced Miami DUI with drugs attorney today. Call (305) 400-0074 or contact us online. Se habla español.
Understanding DUI with Drugs Laws in Florida
Unlike alcohol-related DUIs, where a breathalyzer provides a "per se" measurement of impairment at 0.08%, there is no "legal limit" for drugs in Florida. This means a DUI with drugs lawyer in Miami must be prepared to defend against charges involving:
- Illicit Substances: Marijuana, cocaine, heroin, methamphetamine, and MDMA.
- Prescription Medications: Opioids (Vicodin, Percocet), Benzodiazepines (Xanax, Valium), and sleep aids (Ambien). Even if you have a valid prescription, you can be arrested if the State believes the medication affected your ability to drive safely.
- Medical Marijuana: Despite Florida's medical marijuana laws, being a registered patient is not a defense to a DUI. Because THC can remain in the bloodstream for weeks after use, these cases are frequently based on flawed science.
- Chemical Substances: Inhaling or "huffing" glue, paint, or other toxic vapors.
Penalties of a DUI with Drugs Conviction in Florida
A conviction for DUI with drugs carries the same harsh penalties as an alcohol DUI. Florida law is designed to be punitive, especially for repeat offenders.
- First Conviction: Up to 6 months in jail, fines between $500 and $1,000, and a license revocation of 180 days to one year.
- Second Conviction (within 5 years): Mandatory minimum of 10 days in jail, a 5-year license revocation, and mandatory installation of an ignition interlock device (IID).
- Third Conviction (within 10 years): This is a Third-Degree Felony, punishable by up to 5 years in prison and a 10-year license revocation.
- Refusal to Submit to Testing: Under Florida's "Implied Consent" law, refusing a urine or blood test results in an automatic one-year license suspension for a first offense. As of 2025, a second refusal is a criminal misdemeanor.
Collateral Consequences Include:
- Professional Licensing: Convictions can lead to the loss of nursing, medical, or legal licenses.
- Insurance Costs: Your premiums will likely triple, or your policy may be canceled.
- Travel Restrictions: A DUI conviction can prevent entry into countries like Canada.
- Employment: Commercial Driver's License (CDL) holders face permanent disqualification for a second offense.
Why Choose Law Office of Armando J. Hernandez, P.A. for Your DUI with drugs Case
At Law Office of Armando J. Hernandez, P.A., we provide personalized legal support 24/7, ensuring that Miami residents have access to experienced criminal defense lawyers whenever they need them.
Our firm is led by attorney Armando J. Hernandez, a former prosecutor with over 20 years of experience in Florida criminal law. This background gives us insight into the prosecution’s strategy, allowing us to craft a robust defense tailored to your circumstances.
Our boutique approach ensures that your case receives the attention and resources larger firms may not offer. We communicate frequently with our clients, keeping them informed at every stage.
Additionally, our recognition by The National Trial Lawyers: Top 100 Trial Lawyers and America’s Top 100 Criminal Defense Attorneys® underscores our commitment to quality representation. Our multilingual team further enhances our capability to assist diverse clients throughout Miami.
Our Miami DUI with drugs attorney leverages over 20 years of experience to fight for the best possible outcome. Call (305) 400-0074 or fill out our online form for a free consultation. Available 24/7.
Our Clients Are Our Number One Priority
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"I am extremely happy with the results of Armando and his entire work team"
I am extremely happy with the results of Armando and his entire work team. My 15-year-old brother, who I will withhold his name for privacy, was involved in a strong case, he was accused of murder and armed robbery, his was looking at 25 years to life in prison. As a family we were devastated but thanks to God and putting together the achievement that my brother was given a Bootcamp program in 7 months, currently my brother is in the program that will only last 6 months and he will return home. Thanks to all your work team, mainly Carlos and Natasha, may God bless you and may you continue helping many people, happy to have Armando as a family lawyer.
- Lilibeth -
"I highly recommend the whole team. Thanks Again!"
Mr. Hernandez was great and his office just as good. From the get go they took charge and all our stress was handed to them to take care of. They removed 5 driving citations, no points, no fines, nothing. Case closed. He and his office know how to handle these cases. They give it there personal involvement from the start. I highly recommend the whole team. Thanks Again!- RH -
I consider myself fortunate to have come through this very unpleasant situation and feel that Armando did an excellent job in defending me and securing the outcome of my case.- David
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I highly recommend this law office.- J.D.
FAQ: DUI with Drugs Charges in Miami
What Substances Can Lead to a DUI with Drugs Charge?
In Miami, any substance that impairs your ability to drive can result in a DUI with drugs charge. This includes illegal drugs like marijuana, cocaine, and methamphetamines, as well as prescription medications such as opioids and benzodiazepines. Even over-the-counter medications that cause drowsiness or impairment, such as antihistamines, can lead to charges if they affect your driving. It is important to consult with a healthcare professional about the potential effects of any medication on your driving capability to avoid unintentionally facing charges.
How Does a DUI with Drugs Differ from a DUI?
A DUI with drugs involves driving under the influence of drugs, whereas a DUI typically involves alcohol. While both charges focus on impairment, measuring drug impairment can be more complex due to the variety of substances involved and the lack of an established legal limit like the 0.08% BAC for alcohol. This complexity requires a careful defense strategy that we are prepared to provide. Our team examines the scientific methods used in drug testing, checking that the evidence against you is reliable and accurately interpreted.
What Are the Penalties for a DUI with Drugs in Miami?
Penalties for a DUI with drugs conviction can vary based on prior offenses and the specifics of the case. Potential consequences include fines, community service, license suspension, probation, and incarceration. First-time offenders may face lesser penalties compared to those with previous convictions or cases involving additional charges, such as possession of illegal substances. Additionally, a conviction can affect employment opportunities and personal life, making it important to fight the charges with legal assistance from Law Office of Armando J. Hernandez, P.A..
How Can a Former Prosecutor Help My DUI with Drugs Defense?
Having a former prosecutor like Armando J. Hernandez on your side can be beneficial. His experience allows him to anticipate prosecution strategies and identify weaknesses in the case against you. This insight can help in crafting a defense that addresses potential prosecutorial angles and finding opportunities to advocate on your behalf. Furthermore, his understanding of prosecutorial discretion and tactics can assist in negotiations for plea discussions and reduced sentences.
What Should I Do If I’m Arrested for DUI with Drugs in Miami?
If you are arrested for DUI with drugs, it is important to remain calm and polite. Exercise your right to remain silent and request an attorney immediately. Document any details of the arrest while they are fresh in your mind, and avoid discussing your case with anyone other than your lawyer. Contact us for a personalized consultation and legal representation. Our team will evaluate every detail of your arrest to construct a targeted defense, safeguarding your rights throughout the legal process.
What Sets Us Apart From The Rest?
Law Office of Armando J. Hernandez, P.A. is here to help you get the results you need with a team you can trust.
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Antiguo fiscal del estado
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Más de 20 años de experiencia
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Enfoque exclusivo en defensa criminal
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Revisión inicial gratuita del caso
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Disponible 24/7
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Miles de casos manejados exitosamente