Even Legal Medications Can Lead to DUI Charges Under Florida Statutes § 316.193 and § 893.03

If you're reading this, there's a good chance you're facing something you never expected. You took medication prescribed by your doctor. You weren't drinking, you weren't trying to break the law, and yet you found yourself in handcuffs, being told you were under arrest for DUI. I hear stories like this often. As someone who defends people facing charges under Florida Statutes § 316.193 and § 893.03, I want to give you clarity on what you're up against and how you can protect yourself.

Prescription Drugs and Florida's DUI Law

Florida law makes it a crime to drive under the influence of alcohol, illegal drugs, or any substance that impairs your normal faculties. That includes prescription medication.

Under Florida Statute § 316.193, you're considered guilty of DUI if you're:

  • In actual physical control of a vehicle and
  • Under the influence of any chemical substance listed in § 877.111 or any controlled substance under Chapter 893, and
  • Affected to the extent that your normal faculties are impaired.

It doesn't matter if your name is on the bottle. It doesn't matter if the dosage was followed. If law enforcement believes the medication made you unsafe to drive, you can be arrested and charged.

That's why so many people in your position feel blindsided. They trusted their doctor, followed instructions, and still ended up with a criminal charge.

What Medications Commonly Lead to DUI Arrests in Florida?

I see certain medications come up again and again in DUI cases:

  • Oxycodone, Hydrocodone, Morphine (painkillers)
  • Xanax, Ativan, Valium (benzodiazepines for anxiety)
  • Ambien, Lunesta (sleep medications)
  • Adderall, Ritalin (ADHD medications)
  • Medical marijuana (even with a card)

Even something over-the-counter like Benadryl can impair your faculties and lead to charges. Officers aren't pharmacists. They look for signs of impairment, not what's in your system.

That's where things get complicated. If you're not showing slurred speech or erratic driving, the state may not have a case. But it takes a skilled defense to make that clear in court.

How Do Officers Decide You're Impaired by a Prescription Drug?

Unlike alcohol DUIs, there's no reliable roadside test for drugs. Officers rely on physical observation and sometimes call in what's called a Drug Recognition Expert (DRE). These officers go through special training, but their evaluations are still highly subjective.

They may claim your pupils are too small, your balance is off, or your behavior seems drowsy. But medical issues, fatigue, and even allergies can cause those same signs.

That's why having a private attorney matters so much. I work to dismantle those conclusions. I look at the full picture, not just the officer's opinion. I bring in real medical professionals when necessary to explain what the police got wrong.

The Role of Florida Statute § 893.03

Florida Statute § 893.03 categorizes controlled substances into five schedules. Many common medications fall into these categories. If a substance is listed in Schedule I through IV, it can be the basis of a DUI charge if there's alleged impairment.

For example:

  • Xanax is Schedule IV.
  • Oxycodone is Schedule II.
  • Marijuana is Schedule I (still illegal federally, even if medically approved in Florida).

Even if you have a legal prescription, if that medication is listed under Chapter 893, the state can pursue a DUI charge if they claim it impaired your ability to drive.

That's where I come in. I examine whether the medication actually caused impairment or whether police are guessing based on minimal information.

What Are the Penalties?

Prescription drug DUIs carry the same penalties as alcohol-related DUIs:

  • First Offense: Up to 6 months in jail, $1,000 in fines, 6-12 month license suspension, probation, DUI school
  • Second Offense (within 5 years): Mandatory jail time, 5-year license revocation, ignition interlock device
  • Third Offense (within 10 years): Felony DUI, 5 years in prison, felony record, vehicle impoundment

Even without jail time, a conviction can impact your job, your reputation, and your future. And unlike many criminal offenses, a DUI cannot be sealed or expunged in Florida if convicted.

That's why you need a private defense. I aim to protect not just your freedom, but your clean record. I fight to prevent the conviction from happening in the first place.

Defending Prescription Drug DUI Cases

Every case is different, but here's what I look for:

  • Was the stop legal? Did the officer have probable cause to pull you over?
  • Was impairment proven? Not just drug presence, but actual functional impairment?
  • Was the blood or urine test handled properly? Chain of custody matters.
  • Is there medical justification for your condition or behavior?

I also look for video evidence. Sometimes the officer's report says one thing, but the footage tells a very different story. I've used this to get charges dropped before the case even reached trial.

The sooner I get involved, the more I can do.

You Can't Afford to Wait

I talk to people every day who regret not hiring an attorney early. They thought they could explain the situation, or that the prosecutor would understand. But DUI cases are aggressively prosecuted, even when prescription drugs are involved.

When I handle a case, I don't wait for the state to make the first move. I work fast to secure evidence, talk to medical experts, and challenge the assumptions made by law enforcement. You don't get that level of defense from a public defender or wait until your first court date.

Prescription Medication DUI in Florida FAQs

Can I really be charged with DUI if I have a valid prescription?

Yes. Even if the medication was prescribed to you and taken exactly as directed, you can still be charged if police believe it impaired your ability to drive. Florida law doesn't require illegal use, only impairment. It's a frustrating experience for many people who trust their doctors and still end up in the criminal system.

What if I told the officer I took my medication — does that hurt me?

It can. Admitting to taking a controlled substance gives the officer one more reason to say you were impaired. That's why you should never explain or defend yourself at the scene. Politely ask for a lawyer and remain silent. Many DUI cases begin with a well-meaning explanation that is later used in court.

Can over-the-counter drugs lead to a DUI arrest?

Yes, they can. Drugs like Benadryl, NyQuil, or other sleep aids can impair your faculties, especially if taken in higher doses. Officers aren't always trained to tell the difference between prescription and non-prescription drugs. If you seem impaired and admit to taking something, you may face arrest.

Is a Drug Recognition Expert (DRE) always involved in these cases?

Not always, but often. Some departments don't have certified DREs on duty, and regular officers conduct the impairment evaluation. This opens the door for defense challenges. Even when a DRE is involved, their observations are opinion-based and can be wrong. I routinely challenge these evaluations in court.

Can I be convicted without a blood or urine test?

Possibly, but it's harder for the state to prove their case. Without chemical testing, prosecutors rely on officer testimony and field sobriety results, which are often subjective. That creates an opening for a strong legal defense. I examine whether impairment was truly shown or just assumed.

Will I lose my license automatically?

Yes, unless we request a formal review hearing with the DMV within 10 days of your arrest. If successful, we may be able to restore your driving privileges or get you a hardship license. Acting fast is critical because the window to contest the suspension is short.

Do DUI charges involving prescription drugs carry the same penalties as alcohol-related DUIs?

Yes. Florida doesn't distinguish between types of substances when it comes to DUI punishment. Whether the impairment is caused by alcohol, an illegal drug, or a prescription, the penalties are the same. That's why it's so important to take these charges seriously.

What if the officer says I failed field sobriety tests?

Field sobriety tests are not scientific. They're highly subjective and can be influenced by fatigue, nervousness, medical issues, or even uneven pavement. I often review bodycam footage to determine whether the tests were fair and whether the officer exaggerated the results in the report. This can be a turning point in your defense.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you've been arrested for DUI involving prescription drugs, your next move matters more than you know.

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.