Driving under the influence (DUI) is commonly associated with alcohol, but it also includes impairment due to drugs, including prescribed medications. Understanding the nuances of DUI laws in Florida is crucial, especially if you rely on prescribed medication for health issues. This article explores whether you can get a DUI while driving on prescribed medication in Florida, relevant statutes, legal definitions, potential penalties, the criminal justice process, common defenses, and the importance of having an experienced attorney.
Relevant Statutes
Florida's DUI laws are comprehensive, covering both alcohol and drug-related impairments. It's essential to understand the specific statutes that address driving under the influence of prescribed medications.
Florida Statutes § 316.193
Florida Statutes § 316.193 outlines the offense of driving under the influence. According to this statute, a person is guilty of DUI if they are driving or in actual physical control of a vehicle while under the influence of alcoholic beverages, any chemical substance, or controlled substance to the extent that their normal faculties are impaired.
Florida Statutes § 893.03
This statute classifies controlled substances into schedules based on their potential for abuse and accepted medical use. Prescribed medications can fall into various schedules, affecting how they are treated under DUI laws.
Florida Statutes § 316.1934
Florida Statutes § 316.1934 establishes presumptions regarding impairment. For instance, a blood-alcohol level (BAL) of 0.08% or higher is prima facie evidence of impairment. However, impairment can also be demonstrated through evidence of drug influence, including prescribed medications.
Legal Definitions
Understanding the legal definitions related to DUI is crucial, especially when it involves prescribed medication.
Driving Under the Influence (DUI)
DUI refers to operating a vehicle while impaired by alcohol, drugs, or other substances that affect the driver's ability to operate the vehicle safely. This includes prescribed medications that impair normal faculties.
Controlled Substance
A controlled substance is any drug or chemical whose manufacture, possession, or use is regulated by the government. This includes both illegal drugs and prescribed medications that have the potential for abuse.
Normal Faculties
Normal faculties include the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, and perform the many mental and physical acts of daily life. Impairment of normal faculties due to prescribed medication can result in a DUI charge.
Potential Fines, Jail Time, Probation, and Other Potential Punishments and Consequences if Convicted
The penalties for a DUI involving prescribed medication are similar to those for alcohol-related DUIs and can be severe.
Fines
- First Offense: Fines range from $500 to $1,000. If there are aggravating factors, such as a high level of impairment or involvement in an accident, fines can increase.
- Second Offense: Fines range from $1,000 to $2,000, with higher fines if there are aggravating factors.
- Third Offense: Fines can range from $2,000 to $5,000, especially if the offense occurs within 10 years of the previous conviction.
Jail Time
- First Offense: Up to 6 months in jail. If there are aggravating factors, the jail time can increase to 9 months.
- Second Offense: Up to 9 months in jail. With aggravating factors, this can increase to 12 months.
- Third Offense: If within 10 years, it is a felony with potential imprisonment for up to 5 years.
Probation
Probation is often part of the sentencing for DUI convictions, including conditions such as community service, DUI school, and substance abuse treatment. The probation period typically does not exceed one year for a first or second offense.
Other Potential Punishments
Additional consequences can include mandatory installation of an ignition interlock device, vehicle impoundment, community service, and a permanent criminal record, which can affect employment and professional licenses.
The Criminal Justice Case Process in Florida for DUI
Navigating the criminal justice process for a DUI involving prescribed medication involves several critical stages.
Arrest and Initial Appearance
The process begins with an arrest, followed by an initial appearance before a judge. During this appearance, the judge will inform the defendant of the charges, explain their rights, and set bail.
Arraignment
At the arraignment, the defendant enters a plea of guilty, not guilty, or no contest. This is a crucial stage where legal representation is essential to advise on the best course of action and begin building a defense strategy.
Pre-Trial Motions and Discovery
During the pre-trial phase, both the prosecution and defense exchange evidence through discovery. Pre-trial motions may be filed to address legal issues, such as the admissibility of evidence or the legality of the traffic stop.
Negotiations and Plea Bargaining
Many DUI cases are resolved through plea bargaining, where the defense and prosecution negotiate a deal. This could involve pleading guilty to a lesser charge in exchange for reduced penalties. An experienced attorney can negotiate favorable terms on your behalf.
Trial
If a plea agreement cannot be reached, the case proceeds to trial. During the trial, both sides present evidence and arguments before a judge or jury. The prosecution must prove the defendant's guilt beyond a reasonable doubt, while the defense challenges the evidence and presents its case.
Sentencing
If convicted, the case moves to the sentencing phase. The judge considers various factors, including the severity of the offense, the defendant's criminal history, and any mitigating circumstances. Sentencing may include fines, jail time, probation, and other penalties.
Common Defenses Against DUI Charges Involving Prescribed Medication
Defending against a DUI charge involving prescribed medication requires a thorough understanding of the law and effective legal strategies.
Lack of Impairment
One common defense is to argue that the defendant was not impaired. This can involve presenting evidence that the medication did not affect the defendant's ability to drive safely.
Prescription Validity
Another defense is to demonstrate that the medication was legally prescribed and taken as directed by a healthcare provider. This can include providing documentation from a doctor to support the legal use of the medication.
Challenging Field Sobriety Tests
Field sobriety tests can be subjective and influenced by various factors, such as medical conditions or fatigue. An experienced attorney can challenge the accuracy and reliability of these tests.
Contesting Chemical Test Results
Chemical tests, such as blood or urine tests, can sometimes produce inaccurate results due to improper procedures or testing errors. An attorney can question the validity of the test results and the procedures followed.
Lack of Probable Cause for Arrest
If the officer lacked probable cause to arrest the defendant for DUI, any evidence obtained after the arrest may be suppressed. This could include chemical test results and statements made during the arrest.
Why Defendants for This Crime Need an Attorney and Why They Should Choose Musca Law, P.A.
Facing a DUI charge involving prescribed medication is a serious matter that requires expert legal representation. Here are several reasons why defendants need an attorney and why Musca Law, P.A. is the right choice:
An experienced attorney understands the complexities of DUI cases, including those involving prescribed medication. They can provide invaluable guidance, build a strong defense, and advocate for the defendant's rights throughout the legal process.
An attorney can develop a comprehensive defense strategy tailored to the specifics of the case. This includes gathering evidence, identifying weaknesses in the prosecution's case, and preparing persuasive arguments for court.
An attorney ensures that the defendant's constitutional rights are protected throughout the criminal justice process. This includes challenging unlawful stops, searches, and seizures, as well as ensuring due process is followed.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys with a proven track record of success in handling DUI cases, including those involving prescribed medication. Their extensive experience and dedication to their clients have resulted in favorable outcomes for many individuals facing similar charges.
If you are facing DUI charges in Florida, it is crucial to act quickly and seek the assistance of a skilled and experienced attorney. Musca Law, P.A. offers a team of experienced criminal defense attorneys with a proven track record of success in handling DUI cases. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and your future by contacting Musca Law, P.A. today for expert legal representation.