Drug DUI

Drug DUI Lawyer in St. Petersburg

Six Years Prosecuting DUID Cases in Pinellas County. Now I Defend Them.

A drug DUI charge in Florida isn’t a lesser version of an alcohol DUI. It carries the same penalties, requires the state to prove impairment of your normal faculties, and raises evidentiary questions that alcohol cases don’t. I’m Attorney Joseph Montrone, Jr. Before spending more than 30 years defending clients in St. Petersburg and Pinellas County, I spent six years prosecuting cases in this same circuit. I know how the state builds a DUID case because I built them.

That background shapes every defense I develop. I’ve tried more than 80 civil and criminal cases in these courtrooms and have lived in the Tampa Bay area since 1975. When you work with me, you work with me directly from the first call to the final resolution.

If you’ve been charged with a drug DUI in St. Petersburg, call me today for a free consultation at (727) 617-6095. The sooner we talk, the more options may be available.

What Florida Law Says About Driving Under the Influence of Drugs

Under Florida Statute 316.193, a person commits a DUI offense by driving or being in actual physical control of a vehicle while under the influence of a controlled substance or chemical substance to the extent that their normal faculties are impaired. Normal faculties include the ability to walk, talk, hear, see, judge distances, make sound judgments, and operate a vehicle safely.

One critical distinction separates drug DUI from alcohol DUI: there is no per-se numeric threshold for drugs. With alcohol, a blood alcohol concentration of 0.08 or higher is itself a separate basis for a DUI offense regardless of observed impairment. With drugs, the state must prove actual impairment at the time of driving, not merely that a substance was present in your system. That distinction is often central in DUID cases.

Qualifying substances include illegal drugs such as marijuana, cocaine, methamphetamine, and opioids, as well as lawfully prescribed medications including opioids and benzodiazepines. Many people charged with a drug DUI in St. Petersburg are surprised to learn that a valid prescription doesn’t prevent an arrest if an officer alleges impaired normal faculties.

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“Hiring Joe was without a doubt the best decision I could have made when it came to having someone handle a HTO revocation on my license.”

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“I hired Joseph to represent me for a criminal charge and I’m so glad I did. If you’re looking for a professional that’s knowledgeable and will fight for you, you found him.”

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Penalties for a DUID Conviction in Florida

Florida doesn’t treat drug impairment more leniently than alcohol impairment. The penalty tiers under 316.193 are identical regardless of the substance involved.

First conviction: Fines from $500 to $1,000, up to six months in jail, probation, community service, and mandatory completion of a substance abuse course
Second conviction: Fines from $1,000 to $2,000 and up to nine months in jail; if the second offense occurs within five years of the first, a mandatory minimum of 10 days in jail applies
Third conviction within 10 years: A third-degree felony carrying fines up to $5,000, a 30-day mandatory minimum, up to five years in prison, a 10-year license revocation, DUI school, and an ignition interlock device requirement
Fourth or subsequent conviction: Also a third-degree felony, resulting in permanent driver’s license revocation

Beyond the courtroom, a conviction creates a permanent criminal record that can affect employment, housing applications, professional licensing, and insurance rates. After a DUID arrest, your license may also be administratively suspended. There is a limited window to request a formal review hearing through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) to challenge that suspension, so acting quickly matters.

How I Defend Drug DUI Cases in St. Petersburg

Because the state must prove impairment rather than just the presence of a substance, DUID cases offer meaningful room for a thorough defense. My six years as a Pinellas County prosecutor gave me direct insight into how these cases are assembled and where they can be challenged. I don’t apply a standard template. I examine the specific facts of your case and build a strategy around them.

Several areas commonly come into focus during that analysis:

The traffic stop itself: If officers lacked reasonable suspicion to stop you, evidence gathered during the stop may be subject to suppression
Observable signs of impairment: Bloodshot eyes, slurred speech, and difficulty with field sobriety exercises can have non-criminal explanations, including fatigue, medical conditions, or anxiety
Field sobriety test conditions: These tests are voluntary and highly subjective; how and where they were administered can be challenged
Drug Recognition Expert (DRE) evaluation: A DRE is a specially trained officer who follows a structured 12-step protocol to assess drug impairment. That protocol can be challenged for procedural compliance and reliability
Blood and urine test results: Chain-of-custody procedures, lab handling, and the distinction between an active impairing substance and an inert metabolite can all be examined

Talk to a DUID Lawyer in St. Petersburg

A drug DUI charge moves quickly. The window to protect your license is short, and early decisions about testing and statements can shape the entire case. I offer a free initial consultation so you can understand your situation and your options before anything is decided.

You’ll work with me directly throughout your case. No handoffs, no junior attorneys. Call (727) 617-6095 or schedule your free consultation online with a DUID attorney who knows this circuit from both sides of the courtroom.

How a Drug DUI Stop Works in Florida

A DUID investigation follows a different path than an alcohol stop. Because controlled substances don’t register on a breathalyzer, officers must rely on other means to detect and document impairment. When an officer suspects drug impairment, they may request a Drug Recognition Expert (DRE) at the scene. A DRE is a certified officer trained to assess impairment across seven drug categories. Their evaluation follows a 12-step protocol that includes pulse checks, eye examinations, divided-attention exercises, and a request for a blood or urine sample. A positive test result establishes that a substance was present, but under Florida law, presence alone doesn’t establish impairment at the time of driving.

Implied Consent & Testing Refusal

Florida’s implied consent law treats all licensed drivers as having agreed to chemical testing when lawfully stopped on suspicion of impairment. For drug impairment, that means urine or blood testing rather than breath testing. Refusing a first test triggers a one-year administrative license suspension, and the refusal itself can be introduced as evidence in your case.

Florida law provides criminal consequences for some refusal situations. Under Florida Statute 316.1939, a second or subsequent refusal is a first-degree misdemeanor. After a DUID arrest, Florida law also allows officers to hold a driver in custody until they are no longer impaired or until eight hours have passed, under Florida Statute 316.193(9).

Metabolites vs. Active Impairment

One of the most significant issues in DUID cases is the gap between what a urine or blood test can show and what it can prove. Many substances leave detectable metabolites in the body long after any impairing effect has passed. A positive urine test for a marijuana metabolite, for example, may reflect use days earlier rather than impairment at the time of driving. Challenging the inference the state draws from a positive result is a legitimate and often central part of a drug DUI defense in St. Petersburg.

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