Over 100 Not Guilty Verdicts At Trial | Over 2,000 Dismissals

* Statistics Verified by County Clerk of Court Documents

Read More
Client Testimonials
  • "If your college kid makes a mistake this is the attorney you need" by Anonymous (AVVO Review), Parent of Past Client
  • "Superlative firm, experienced and professional. Definitely a stand out in Tallahassee." by Austin C., Past Client
  • "I would recommend him to anyone wanting a trustworthy, diligent, aggressive attorney that knows how to navigate the legal system and get the best possible outcome." by B.J., Past Client
  • "The legal and emotional support is unsurpassed." by Braxton O., Wife of Past Client
  • "I would trust him with my case 10/10 times, A+ lawyer!" by D. Hoffman, Past Client
  • "I have never felt so taken care of from an attorney. " by J. Burke, Past Client
  • "When the quality of rest of your life is at stake go with Don trust me he has literally saved my life more then once" by J. Smith, Past Client
  • "Without question, the best criminal defense attorney in Tallahassee." by J.P.M., Past Client
  • "If you are looking for top-notch legal council either locally or abroad, look no further. Don Pumphrey and his staff will fight unremittingly for your your rights!" by Jeremy C., Past Client
  • "I would challenge anyone to find a more experienced, knowledgeable and result oriented criminal defense attorney anywhere" by Jonathan E., Peer
  • "You will not find a finer, more experienced criminal attorney in Tallahassee to handle mistakes made by yourself or your student." by Kim, Parent of Past Client
  • " I am very grateful for their help and would recommend contacting them for your legal troubles" by L.C., Past Client
  • " Don Pumphrey is the best attorney in Florida." by Luke S., Past Client
  • " Look no further and trust you child's case to Don Pumphrey. Please don't allow your child to settle for less. " by R.O., Parent of Past Client
  • "A highly proficient and credible lawyer, but one that actually cares about you, your financial circumstances, and looking for the best options available to you. " by Ryan P.

Drugged Driving

As the number of people arrested for drunk driving continues to decrease each year, the number of DUI cases for drugged driving rises. According to Florida law, driving under the influence of drugs means operating a motor vehicle or being actual physical control of a vehicle while under the influence of any chemical or controlled substance.

DUID, or drugged driving, also can include cases in which the driver has consumed both alcoholic beverages and an illicit drug that in combination impair the driver’s normal faculties, according to Florida law.

Prosecutors often have a difficult time proving impairment in these cases. Although limits exist to presume alcohol impairment under the law, such limits in drug cases are not scientifically justified because levels of impairment from drugs cannot be so easily predicted or presumed. This can become tricky when dealing with prescription medication.

Tallahassee DUID Defense Attorney

In drugged driving cases, the scientific evidence often hinges on the opinion testimony of the Drug Recognition Expert and the results of a blood or urine test. Hiring an experienced criminal defense attorney in this kind of case is critical. The Tallahassee drugged driving defense lawyers at Pumphrey Law understand the importance of contesting this scientific evidence, which leads to the best pre-trial negotiations.

The attorneys at Pumphrey Law are experienced in DUI cases involving allegations of drug use. The attorneys represent clients in Tallahassee and throughout the Florida Panhandle. Pumphrey Law also represents students at local colleges and universities in DUI cases, including those at Florida State University and Florida A&M University. Call (850) 681-7777 to discuss your drugged driving case.

Information About DUID Laws in Florida

Back to Top

Florida’s Laws for DUID

In DUID cases in Florida, the issue is whether the driver’s normal facilities were impaired, according to Florida Statutes Annotated § 316.293 (1)(a). The term “normal facilities” can include the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, normally perform the many mental and physical activities of daily life.

After a DUI arrest, if the officer has reasonable cause to believe the driver is under the influence of any chemical or controlled substance, the officer can request a urine or blood test. Blood tests typically are more accurate in determining if a driver was under the influence of drugs. The results of urine tests can be highly inflated.

After a lawful DUI arrest, the driver is deemed to have given his or her consent to submit to the urine or blood test, according to Florida Statutes Annotated § 316.1932 (1). If that consent is withdrawn by a refusal to submit, the law provides for certain enhanced administrative penalties.

Drivers can receive a one-year driver’s license suspension for a first refusal to submit to a chemical test or an 18-month suspension for a second or subsequent refusal. According to Florida Statutes Annotated §775.082(4)(a), a second refusal to submit to testing is a first-degree misdemeanor that can be punished by up to one year in jail.

Back to Top

Types of Drugs in Drugged Driving Cases

Law enforcement officers are trained to look for impairment caused by different classes of drugs that may cause impaired driving. The most common substances in DUID cases can include:

  • Marijuana, also known as cannabis, pot or weed
  • Heroin
  • Cocaine
  • MDMA
  • Prescription pills, such as Oxycontin, Xanax or Valium
  • Over-the-counter medications

The problems with testing for these controlled substances vary widely. For example, tests may reveal traces of a drug, but it cannot determine when or how much of it was ingested. Both can be critical when determining if a person was in fact under the influence while driving or in actual physical control of a vehicle. An experienced criminal defense lawyer in Tallahassee often will file motions to suppress or exclude the results of any blood or urine test.

Back to Top

Additional Resources on DUID

NORML on Florida’s Drugged Driving Laws – Read more about Florida’s laws on drugged driving from the National Organization for the Reform of Marijuana Laws with information on the statutory language of the DUI statutes, the application of implied consent laws, penalties and recent case law.

Drugged DUI – Information from the Office of National Drug Control Policy and other federal agencies such as the Department of Transportation on drugged driving. The National Drug Control Strategy calls for encouraging states to adopt Per Se drug impairment laws and presume impairment from the mere presence of the substances in the driver’s blood or urine. Also, find collected data, research, and surveys showing how pervasive drugged driving has become in the United States.

Back to Top

Finding A DUID Defense Lawyer in Tallahassee

If you are charged with drugged driving or DUID in Leon County or any of the surrounding areas, contact an aggressive an experienced Tallahassee drugged driving defense attorney at Pumphrey Law. Call (850) 681-7777 to learn how the attorneys can fight these cases to show mistakes made by law enforcement officers.

This article was last updated on Monday, September 12, 2016.