Tampa Bay Criminal Defense Lawyer Blog
Happy belated St. Patrick’s Day! Of course, with the festivities comes the alcohol which also means the arrests. One newspaper did some research and found that in this one night, police made 50 Dui arrests!
In Denver, police reported almost 50 driving under the influence arrests alone over a five day enforcement period. Eight arrests Friday, five Saturday, eleven Sunday, five Monday and eleven on St. Patrick’s day meant the police were kept busy.
These arrests were not just alcohol based. Besides the 47 DUI arrests, police made an additional three arrests for driving while under the influence of a controlled substance.
LEGAL ANALYSIS
As previously mentioned, DUI arrests can be from alcohol, drugs or a combination. Possession of most illegal drugs (with the exception of small amounts of marijuana) is considered a felony. Most DUIs if there is no death or injury, are only misdemeanors. This includes drug-based driving under the influence charges as well. For example, possession of cocaine is a third-degree felony, with a punishment of up to five years in prison. However, if a person was found to have consumed cocaine and then was pulled over for erratic driving and failed field sobriety exercises AND a drug test, he could only be charged with a misdemeanor DUI. Even the positive drug test would not be enough to charge him with a felony if no drug was in his possession.
Have you or a loved one been arrested for a DUI or possession of a controlled substance? Then call the Pinellas criminal defense lawyers at Blake & Dorsten, P.A. today! These former prosecutors are experienced trial attorneys.
The lawyers of Blake & Dorsten handle all criminal and personal injury cases along the Gulf Coast including Pinellas, Hillsborough, Pasco, Manatee, Sarasota and Citrus counties.
To speak directly with your DUI defense attorney click on the contact section or call them at 727.286.6141. Blake & Dorsten, P.A…when your case matters!