I was charged with a misdemeanor dui and felony drug possession of a controlled substance (percocets) without a prescription 2 days ago. This is my first offense in the state of Florida. The pills I had in my car were actually my mother's (she is terminally ill and has been on them for years now), and we live together. She does not drive in the state of Florida, and my dad and I are her sole transportation. When I was arrested, I took the breathalyzer, but I also offered to take a blood and urine test to prove I have no percocets in my system, and they declined to test me. I didn't even realize they were in my car, as it was only maybe 3 to 4 pills, and they were in a bottle with other pills that were over the counter (benadryl, tylenol, omeprazole). All of these are pills my mother takes. I have the actual prescription bottle to take to court that my mother gave me to prove it's her prescription, and it contains almost the full script inside it. Not to mention, said bottle is a 2 year old prescription, so one can tell they are not being abused. What do I need to do to not be charged with a felony? I do not want to lose my job over this. I work in a hospital in the patient business services dept. I have absolutely no history of drug abuse, and this is my first ever dui at age 40. Thank you for your time.
1 Answer from Attorneys
The first thing I can tell you is to hire an attorney. You may have some very viable legal defenses to a felony charge. You also appeared to have defenses to any to a charge that they might bring as a result of them thinking that you were under the influence of drugs. Certainly the lack of their willingness to give you a urine test is important.
Under Florida law, however, there may be a misdemeanor charge that the prosecutors could consider of possession of a prescription drug outside of its container. Again, I strongly urge you to contact an attorney to discuss your legal options.
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