Prescription Medications Can Lead to DUI Charges in Florida – Know the Law and Protect Your Rights

In Florida, many people assume that DUI charges only apply to alcohol or illegal drugs, but this isn’t the case. Driving under the influence of prescription medication can also lead to DUI charges. Even when a drug is legally prescribed by a doctor, if it impairs your ability to operate a vehicle, you can be arrested and charged with a DUI. Understanding the laws around this issue is critical, as the penalties for driving under the influence of prescription medication can be just as severe as those for alcohol or illicit drugs.

Let me walk you through what Florida law says about driving on prescription medications and what you can do if you find yourself facing this type of charge.

Florida’s DUI Laws for Prescription Medications

Under Florida Statutes Section 316.193, a person can be charged with a DUI if they are found to be driving or in actual physical control of a vehicle while under the influence of alcohol, chemical substances, or controlled substances to the extent that their normal faculties are impaired. "Controlled substances" include not just illegal drugs, but also prescription medications.

This means that even if you have a legal prescription for a medication, you could still be charged with a DUI if law enforcement determines that the drug has impaired your ability to drive safely. The law makes no distinction between alcohol, illegal drugs, or prescribed drugs—if any substance impairs your faculties, it can result in a DUI charge.

Some common prescription medications that can lead to a DUI include:

  • Opioid painkillers (e.g., OxyContin, Vicodin)
  • Anti-anxiety medications (e.g., Xanax, Valium)
  • Sleep aids (e.g., Ambien, Lunesta)
  • ADHD medications (e.g., Adderall, Ritalin)

If you’ve been prescribed these or other medications, it’s essential to know how they affect you before getting behind the wheel. The consequences of driving under the influence of prescription medication can be significant.

What Does “Impaired” Mean Under Florida Law?

The key to a DUI charge based on prescription medication is whether the medication impaired your "normal faculties." Florida law defines "normal faculties" as a person’s ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, and act in emergencies. If the medication affects any of these abilities, law enforcement may decide that you’re too impaired to drive.

In many cases, law enforcement officers will rely on field sobriety tests, observations, or chemical testing to determine whether a driver is impaired. However, field sobriety tests aren’t always accurate, especially when dealing with prescription medication. For example, someone taking medication for anxiety may perform poorly on a field sobriety test even though they are not impaired in their ability to drive.

Additionally, officers might request a blood or urine test to check for the presence of drugs. Unlike alcohol, where there are specific legal limits (such as a BAC of 0.08), there is no legal threshold for prescription medications. This means that any amount of medication in your system could lead to a DUI if the officer believes it has impaired your driving ability.

Penalties for DUI Based on Prescription Medication

The penalties for a DUI involving prescription medication are the same as for alcohol-related DUIs. For a first-time offense, you could face:

  • Up to six months in jail
  • Fines between $500 and $1,000
  • License suspension for up to one year
  • Probation for up to one year
  • Community service requirements (minimum of 50 hours)
  • DUI school and substance abuse evaluation

If it’s your second or subsequent DUI offense, or if there are aggravating factors (such as having a minor in the car or causing an accident), the penalties become more severe. For example, second-time offenders can face up to nine months in jail and higher fines, while third-time offenders could face felony charges and up to five years in prison.

Beyond the legal penalties, there are additional consequences to consider, such as higher insurance rates, difficulty finding employment, and the stigma associated with having a criminal record.

How Hiring an Attorney Can Help Your Case

If you’ve been charged with a DUI for driving on prescription medication, having a skilled Florida DUI defense attorney can make a world of difference. DUI cases involving prescription drugs can be more complicated than those involving alcohol, and a knowledgeable attorney can help you build a strong defense to fight the charges or reduce the penalties.

One of the first things your attorney will do is examine the circumstances surrounding your arrest. Was the traffic stop legal? Were the field sobriety tests administered correctly? Was there probable cause to believe you were impaired? If law enforcement violated your rights during the arrest, your attorney can move to have key evidence suppressed, which may lead to the charges being reduced or dismissed.

Additionally, your attorney will look into the specific medication you were taking and how it affects your ability to drive. Some medications come with warnings about operating heavy machinery, but others do not. A well-prepared defense could argue that your prescription medication did not impair your driving ability to the extent alleged by the prosecution.

In some cases, your attorney may be able to negotiate a plea deal, reducing the charges to a lesser offense such as reckless driving, which carries fewer penalties. This can be particularly important if you are concerned about keeping a DUI off your criminal record.

Protecting Your Criminal Record

One of the most significant concerns for anyone facing a DUI charge is the long-term impact on their criminal record. A DUI conviction can follow you for years, affecting your ability to get jobs, housing, and even insurance. However, with the help of an experienced attorney, there may be options to protect your record.

For example, if this is your first DUI offense, your attorney may be able to negotiate for you to participate in a diversion program or have the charges reduced to a lesser offense. Additionally, in some cases, it may be possible to have your record sealed or expunged after a certain period of time.

The goal of hiring a private attorney is to minimize the damage caused by a DUI charge, whether by getting the charges dismissed, negotiating a reduced sentence, or protecting your criminal record.

Florida Prescription Medication DUI FAQs

Can I be charged with a DUI even if I have a legal prescription?

Yes. Under Florida law, having a legal prescription does not exempt you from DUI charges. If the medication impairs your ability to drive, you can still be charged with driving under the influence, even if you were following your doctor’s instructions.

What happens if I refuse a blood or urine test for prescription medications?

Florida has an implied consent law, which means that by driving in the state, you’ve agreed to submit to chemical testing if an officer suspects you are under the influence. Refusing a blood or urine test can lead to automatic license suspension for one year for a first refusal, and 18 months for subsequent refusals. Additionally, your refusal can be used against you in court as evidence of impairment.

How can an attorney help me fight a DUI charge based on prescription medication?

An attorney can examine the circumstances of your arrest to determine whether your rights were violated during the traffic stop or arrest. They can also challenge the results of field sobriety tests and chemical tests, and argue that your medication did not impair your ability to drive. In some cases, your attorney may be able to negotiate a reduced charge or have the case dismissed entirely.

Will I lose my driver’s license if I’m convicted of a DUI involving prescription drugs?

Yes, if you are convicted of a DUI, your license can be suspended. For a first-time offense, the suspension can last up to one year. However, depending on the circumstances, you may be eligible for a hardship license that allows you to drive for work or school purposes during the suspension period.

Is it possible to get a DUI expunged from my record in Florida?

In Florida, it is possible to have certain DUI charges sealed or expunged from your record, but there are eligibility requirements. For example, if the DUI charge was dismissed or you were acquitted, you may be eligible for expungement. However, if you were convicted, you may not be eligible to have the DUI expunged. Consult with an attorney to determine your options.

Call Us 24/7/365 For Your FREE Consultation 

If you or someone you know is facing a DUI charge for driving on prescription medication in Florida, don’t face these charges alone. The consequences can be severe, but with the right legal representation, you can protect your rights and your future. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced DUI defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.