Even Legally Prescribed Drugs Can Lead to a DUI Arrest — Here's Why You Need to Protect Yourself
When people think about DUI arrests, they usually picture someone who's had too much to drink. But in Florida, you don't have to be drunk to be charged with driving under the influence. You don't even need to take anything illegal. If you're behind the wheel and a police officer believes your ability to drive is impaired by any substance — including your own prescribed medication — you could be arrested and prosecuted for DUI under Florida Statutes § 316.193.
As a defense attorney, I've worked with people who had no idea they were doing anything wrong. Some were recovering from surgery. Others were treating anxiety, insomnia, or chronic pain. They took their medication as prescribed and still ended up in handcuffs. This is a situation you don't expect until it happens to you.
Let me walk you through how the law works, how impairment is measured, and what to do if you're facing a DUI charge based on medication you were legally allowed to take.
What Florida Law Says About Prescription Drugs and DUI
Under Florida Statutes § 316.193, it's a crime to drive or be in actual physical control of a vehicle while:
- Under the influence of alcohol,
- Under the influence of a chemical substance listed in § 877.111 or
- Under the influence of a controlled substance listed in Chapter 893,
If you are affected "to the extent that your normal faculties are impaired."
That phrase — "normal faculties are impaired" — is key. It refers to your ability to walk, talk, judge distances, operate a vehicle safely, and perform basic physical and mental tasks. If any of those are impacted, even slightly, and a police officer believes it's because of a substance, they may charge you with DUI.
That includes substances you've been legally prescribed.
Common Medications That Can Lead to a DUI Arrest
Here are just a few medications that can result in a DUI charge if an officer believes you're impaired:
- Oxycodone, Hydrocodone, and other opioids
- Alprazolam (Xanax), Diazepam (Valium), and other benzodiazepines
- Zolpidem (Ambien), Eszopiclone (Lunesta), and other sleep aids
- Gabapentin, Tramadol, and other nerve pain medications
- Antidepressants and antipsychotics
- Muscle relaxers such as Flexeril or Soma
Even over-the-counter drugs like Benadryl or NyQuil have been used as the basis for DUI arrests in Florida.
The important point to understand is this: the legality of the substance doesn't protect you if the state believes it caused impairment.
How Officers Claim to Detect Impairment from Prescription Drugs
Most DUI drug arrests happen when a driver gets pulled over for something minor — maybe drifting out of a lane, failing to signal, or driving too slowly. When the officer approaches and doesn't smell alcohol but sees signs like droopy eyelids, delayed responses, or slurred speech, they may start asking questions about medication use.
If the driver admits to taking a prescribed drug, the situation escalates. Field sobriety tests are administered. A drug recognition officer (DRE) might be called in. And if the officer concludes that your "normal faculties" are impaired, you're arrested.
The problem is that many of these signs can be caused by fatigue, anxiety, illness, or even the stress of being pulled over. Officers aren't doctors. They're making a judgment based on their own training, which is not the same as a medical diagnosis.
This is where the case can fall apart under scrutiny — but only if you have an attorney who knows what to look for.
Why You Need a Private Attorney in Prescription Drug DUI Cases
DUI cases involving alcohol are often based on a breathalyzer result. But drug-based DUIs usually involve subjective observations, followed by blood or urine tests that may show the presence of a substance — but not its effect on your driving.
When you hire me as your lawyer, the first thing I look at is the officer's reasoning. Did they follow proper protocol? Did they give the field sobriety tests on level ground? Did they know your medical background? Did they even consider it?
Then I move to the test results. Many medications stay in your system for days or even weeks. A positive result doesn't mean you were impaired at the time of driving. It just means the substance was present. That's not enough for a conviction — and I make sure prosecutors know it.
A private attorney has the time, focus, and resources to examine every angle of your case. I don't wait for court dates to start building a defense. I act immediately to protect your rights, review your prescriptions, and look for any missteps in how the investigation was handled.
Real Case: DUI Arrest for Ambien Use
One of my clients was charged with DUI after being found asleep in their car in a parking lot. The engine was running. They had taken Ambien hours earlier. They weren't driving, but the officer claimed they were in "actual physical control" of the vehicle while impaired.
We reviewed the toxicology report. It confirmed the presence of Zolpidem, but the level was consistent with normal use. The officer's report was vague, and the video didn't show clear signs of impairment.
I filed a motion to dismiss based on lack of probable cause. The court agreed. Case dropped.
This isn't rare. If you're arrested while taking prescribed meds, don't assume the state has proof. Let a private attorney tear apart the case and force the prosecution to meet their burden.
Penalties for DUI in Florida — Even for Prescription Drug Use
If you're convicted under § 316.193, the penalties are the same whether the impairment was caused by alcohol, illegal drugs, or legal medications. A first conviction can include:
- Up to 6 months in jail
- A fine of $500–$1,000
- License suspension for at least 6 months
- Mandatory DUI school
- Community service
- Court costs and hidden fees can add up fast
If you've had prior DUI convictions, the penalties increase — including mandatory jail time, vehicle impoundment, and the possibility of felony charges.
You may also lose your professional license, your job, or custody rights — all based on a misunderstanding about your medication.
Don't let it get that far. Call someone who can stop the bleeding early and take control of your defense.
What You Should Do If You're Pulled Over While on Prescription Medication
Here's what I tell my clients:
- Do not admit to taking medication. What you say will be used against you.
- Don't perform field sobriety tests. They are voluntary and highly subjective.
- Stay calm. Officers are looking for signs of nervousness or confusion.
- Ask for a lawyer. Clearly state you won't answer questions without legal counsel.
Then, call a private defense attorney who handles these types of cases every day. The sooner you call, the better chance we have of getting the charges dropped — or stopping them from being filed at all.
FAQs – DUI for Prescription Medications in Florida
Can I be charged with DUI in Florida even if my doctor prescribed the drug?
Yes. The fact that a drug is prescribed doesn't prevent a DUI charge. Florida law focuses on whether your ability to drive was impaired, not whether the drug is legal. Many drivers are shocked to learn they can be arrested simply for following their doctor's orders.
What if the medication label doesn't warn me not to drive?
Even without a warning, you can still be charged if law enforcement believes you are impaired. Some side effects — like drowsiness, dizziness, or delayed reaction time — can still form the basis for a DUI arrest. Officers often claim they observed signs of impairment before making an arrest.
Will the presence of a drug in my system automatically lead to a conviction?
No. Presence alone isn't enough. The prosecution must show that the substance actually impaired your normal faculties. If your attorney can prove the amount was within therapeutic range or that the signs of impairment were due to something else — like fatigue or a medical condition — you have a strong defense.
Do I have to tell the officer what medications I'm taking?
No. You are not required to disclose your medical information during a traffic stop. Anything you say can and will be used against you later. Politely decline to answer and request an attorney.
Can my medical history be used in court to defend me?
Yes, and it should be. A private attorney can introduce medical records, prescription history, and even expert testimony to show that your condition or medication use was lawful and not impairing. This can be a powerful tool to challenge the state's case.
What should I do if I know a medication makes me drowsy?
You should avoid driving if a medication affects your ability to stay alert. But if you're stopped and arrested, let a defense lawyer analyze whether the state can actually prove impairment. Just because a drug can cause side effects doesn't mean it did in your case.
What happens if I'm convicted of DUI for prescription medication?
You'll face the same penalties as any DUI — jail, fines, license suspension, and a permanent record. That's why it's so important to fight the case early. A conviction can affect employment, insurance rates, and even your standing in custody or immigration matters.
How can a private lawyer help with this type of case?
A private attorney has the time and focus to challenge every part of the arrest — from the officer's observations to the chemical test to your medical history. We don't rely on quick plea deals. We look for the weaknesses and use them to protect your future. When the case is based on prescription drug use, there's often room to fight. You just need someone willing to do the work.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you've been charged with DUI for taking prescription medication, don't wait. Your health, your career, and your future are on the line.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.