Florida Criminal Attorney Blog
Tiger Woods is back in the news after a rollover crash on Jupiter Island. This incident led to a DUI charge and a dispute over his prescription drug records. Martin County prosecutors are requesting pharmacy records that list the medications Woods was prescribed, according to reports.
The golfer has pleaded not guilty.
What Happened?
Tiger Woods was arrested and charged with driving under the influence after a car crash in Florida in April this year. Reports say he passed a breath test for alcohol, but law enforcement alleges he refused to take a urine test when they requested one. Authorities also reported finding two hydrocodone pills in his pocket and noted signs they believed were consistent with impairment.
Prosecutors are now trying to obtain pharmacy records. Woods’ attorneys are challenging the request, arguing that the state must justify the need to access private prescription records.
This is common when a DUI involves drugs. The defendant’s medical records may show prescribed medicines. These medicines can cause impairment.
In medication-related DUI cases, prosecutors may try to connect prescriptions, officer observations, test refusal, and driving behavior. The defense may argue that the evidence does not actually prove impairment at the time of driving.
Can You Get a DUI Without Alcohol in Florida?
Yes. Under Florida Statute §316.193, a person can be charged with Driving under the Influence of Drugs.
This surprises many people. A valid prescription may explain why someone had medication. It does not automatically mean they were safe to drive.
But the reverse is also true. Having medication does not automatically prove DUI. Prosecutors still have to prove impairment beyond a reasonable doubt.
Why Prescription Drug DUI Cases Are Different
Medication-related DUI cases are not always clear.
In an alcohol case, Florida prosecutors may rely on a Breathalyzer test result. In a prescription drug case, the evidence can be more scattered. The state can review body camera videos, sobriety test results, crash reports, officer notes, blood or urine tests, arrest statements, and medical or pharmacy records.
They may also rely on the observations and reports of a Drug Recognition Expert (DRE) who was called to the scene. These are trained officers who can spot signs of drug impairment.
What If Someone Refuses a Urine Test?
In Florida, the Statute §316.1932 establishes that by driving on Florida roads, you consent to alcohol or drug testing. This is known as the implied consent law. If an officer has legal grounds to request testing during a DUI investigation, refusing a breath, urine, or blood test can carry serious consequences.
According to Florida Highway Safety and Motor Vehicles, a first refusal can result in a one-year driver’s license suspension. Refusing again or later can lead to an 18-month suspension and may result in a charge as a first-degree misdemeanor.
A defense attorney may evaluate whether the officer had proper legal grounds to request the urine test. These details are important.
If a Florida driver submits a urine sample, by law, they may also request a confirmatory blood test from law enforcement, and law enforcement must allow the suspect to call a phlebotomist to obtain a blood sample. Law enforcement must follow these rules; failure to do so may jeopardize the admissibility of the urine test.
Why This Matters for Florida Drivers and why you need an Experienced DUI defense team on your side
A DUI case can move quickly in Florida. There may be a criminal case and a separate driver’s license issue happening at the same time. In cases involving prescription medication, prosecutors may also seek private medical or pharmacy records. That can raise serious privacy and relevance concerns.
If you are charged with a DUI in Florida, do not face it alone. Our experienced criminal defense lawyers have decades of experience successfully defending DUI clients. We can help you navigate the court system and any associated legal proceedings.
Contact us online today, or call us at 866-608-5529 to set up a free consultation. The Criminal Defense Lawyers at Whittel & Melton can help protect your rights from the start of your case.