Legal Question in Criminal Law in Florida

DUI passed breathalyzer(.078 and .079) stilled charged from urinalysis?

My son is 21 and was pulled over. He was thrown in jail but pass the breathalyzer(.078 and .079). He had two beers and one shot over a 3 hour period. He was very respectful. His charge was DUI pending a urinalysis. He thought that he wouldn't have a problem because he does not do drugs(hardcore). However,when he went to court the ''book was thrown at him.'' Impoundment of his truck, suspension of license,and 12 mo probation was suggested. He plead not guilty. The only thing that we could come up with is that he takes an anti anxiety presription pill called effexor. The little stinker smokes pot periodically and we thought that it might have shown up due to the fact that he smoked it a day before. Please help. We thought that he would be ok due to him being under the legal limit. Now we are wrong. Can marijuana findings in his urine affect his charge? What about prescription drugs. Thanks for reading this and helping. He plead not guilty and needs to go to pre trial in May 2006.


Asked on 3/31/06, 1:32 am

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: DUI passed breathalyzer(.078 and .079) stilled charged from urinalysis?

Yes it was the marijuana that showed up in his urine. However, the "book" was not thrown at him. What you describe is a very normal plea offer. You can still have a trial or take that plea. Please call my office if I can be of assistance.

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Answered on 3/31/06, 9:53 am


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