DUI--officer missed the real problem

[FLRussianHubby]

What is the name of your state (only U.S. law)? Florida

I have a friend who was recently arrested for DUI--the person's first DUI arrest. During the arrest, the officers did not notice that the person's REAL problem was that they have a massive addiction to painkillers and a few other illegal substances. The .08 alcohol reading they got was probably unimportant compared to the amount of other substances that were in use at the time. Unfortunately, this person is VERY skilled at hiding the drug abuse--they act "normal" when they are actually extremely high.

As a result, at present, they are being charged with misdemeanor DUI--first offense. So, I have a few questions:

1) In Florida, it says that a year of probation is normal for DUI first offense. During probation, will the person be required to be randomly drug tested in addition to alcohol?

2) If the drug tests come up positive (I can PROMISE they will), what, then? Will the case be upgraded to felony drugs? Would the case be referred to the drug court?

3) I read that some jail time is sometimes required even on first offenses. And, I also read that jail time can be swapped with a drug/alcohol treatment program. What are the chances of this being done?

4) Is there any way to get this case handled properly, rather than the person just receiving a slap on the wrist instead of getting court-ordered into the proper treatment setting?

Any assistance would be GREATLY appreciated.

[RatPackLar]

The cops are not going to notice a MASSIVE ADDICTION TO PAINKILLERS, ETC. why would they?

They look for visable signs of impairment, and arrest accordingly. Your friend got popped cause the FST's were probably failed, and your friend blew a hot BAC, on the hand held BAC detection unit.

If they suspected more was going on, did they order a blood draw? I doubt it, again they do not need to, the DUI, and BAC were enough to arrest, detain, and charge.

Now, once probation hits, they can, might. and could drug test your friend. The record, the charges, the priors, etc, will all come into play here as well, and nobody can for sure predict what might happen.

If your friend does not come up clean, they can yank the probation and send off to jail. They will ask, and know, what legally perscribed drugs he or she is supposed to be taking as well, and they will be watching.

Probation, if given, is in lieu of jail time here, okay, meaning, you do not screw it up, you will not go to jail, if you do, you just might go. If your friends gets sentenced to a year in jail, suspended, and put on probation, that means your friend has to comply with the terms and conditions of the probation, or they yank it, and can send your friend to jail for the year.

You cannot drink, do drugs, get arrested, etc, none of that, whilst you are on probation, if you do, it can trigger the yank, and off to jail ya go.

You appear to want your freind, to be hit hard by the system, I am going to assume, there is some serious history here, and you are looking for a way, to slap your friend up, in an attempt to get help for that friend.

There is no way to properly handle a case like this, cause you idea of properly, and their idea of properly, are never going to match up. That is simply to subjective.

Talk to a lawyer.

Sometimes, if the offender is willing to go into some type of program, and work it, they will not hit that offender with full DUI, seeing that the person is trying.

But, they will make sure the program gets worked properly.

Sometimes, that is all the motivation needed, for that person to get some help

Just food for thought, and the kitched in always open.

[FLRussianHubby]

Yes, I do want them to get her some help. For the last 6 months, I have watched her go from "normal" person to major addict.

The reason why the cop screwed up is that they did search her purse, and (according to her accounts) the cop actually held the makeup case with the false mirror in it that held the drugs. She thought for sure they would get her on posession but the cop didn't open it!!!

Anyways, I spoke to the drug court judge, whom I've dealt with before (another friend a few years ago wound up there). The drug court says there's nothing they can do unless her charges are upgraded to a felony drug posession charge. She said it is not impossible for her charges to be upgraded, but that depends on the other judge. Unfortunately, she was not familiar with the assigned judge so she could not provide any insight.

One of my questions is whether they test for BOTH alcohol and drugs during probation or just alcohol. I know that in drug court, they test for both regardless of the charges. But what about DUI?

[seniorjudge]

Q: One of my questions is whether they test for BOTH alcohol and drugs during probation or just alcohol?

A: All drugs, especially alcohol.

[FLRussianHubby]

Unfortunately, as this started to happen, my friend lost her apartment (was evicted). Since then, she has been moving from hotel to hotel every night or so, so it's impossible to get a "fix" on her long enough to turn her in (which is what the drug court judge suggested). Her place of employment (and herself) have been turned in multiple times by several of her friends, myself included, as it is a drug haven (it's a well-known night club) but nothing has been done there. I suspect that the club is paying off the police department for protection (she actually told me that once herself).

As of today, she's been "missing" for 3 days now. Hasn't even shown up to work. Her phone is still on, so someone's charging it, so I don't think she's dead or anything. (I did check the local hospitals to make sure, though)

So, what else do you suggest I do? I'm open to all options at this point!

And, to the person with the info about the probation, THANKS. At least that is something to look forward to.

[RatPackLar]

There is nothing you can really do for her. I am gonna guess she works as a stripper, the MO, the Club, etc, is it a typical story.

You walk off, and let her drop and go down on her own.

If she does not care enough about herself, to help herself, then why should you?

Just not worth it.

[BigMistakeFl]

The only test I saw during my entire probation was the breath test. I saw another person doing it, I was never required to take it. That's up to your friend's probation officer. If the charge were for drugs, blood or urine testing would be appropriate, but since it was alcohol, your friend may only be required to give another breath test. The PO has the authority to come to your friend's house and administer the test, without warning. But that never happened to me either.

[bbooth01]

AZ yes they test for both here.
I just came from giving a UA and bac test today. They go by colors here so you call in every day and if they call your color you have to go to drop a UA and to the po office to blow. Depending on what she tells her probation officer will depend on how often she had to go to do this. They ask if you have ever done drugs or hada problem most will deny it but you have to provide the bac test and UA that day (here in AZ you do) I am low risk so mine is 1x every 2 weeks on any given day.