Even With a Prescription, You Can Be Arrested for DUI in Florida — Here's What You Need to Understand Before It's Too Late
If you take anxiety medication and were recently arrested for DUI, you probably didn't see it coming. Maybe you were prescribed Xanax or Valium by your doctor, took the correct dose, and didn't feel drunk or impaired. You weren't doing anything illegal. And yet, you found yourself in handcuffs, charged under Florida's DUI law. I've seen this happen to people who thought they were playing it safe. They weren't partying. They weren't reckless. They just got pulled over and answered a few questions — and that was all it took.
As a criminal defense lawyer in Florida, I've handled many DUI cases involving prescription anxiety drugs. The law doesn't just target people drinking and driving. Under Florida Statutes § 316.193, you can be charged with DUI if any substance — legal or not — affects your ability to drive safely. That includes medications like Xanax (alprazolam) and Valium (diazepam), which are listed as controlled substances under § 893.03.
Let me explain what this means, how the law is applied, what officers are looking for, and why hiring a private attorney is critical if you're in this situation.
Florida Law and Prescription Drug DUI
The part of the law that applies to these cases is Florida Statutes § 316.193(1), which makes it illegal to drive:
"...under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired."
Both Xanax and Valium fall under Schedule IV drugs in § 893.03 — meaning they have legitimate medical use but also a potential for abuse. The issue isn't whether you have a prescription. The issue is whether the drug was in your system and affected your normal faculties.
That's where it gets complicated. Officers can claim you were impaired based on how you spoke, moved, or behaved — even if your dosage was legal and taken as prescribed. I've seen cases where the person had no alcohol in their system and no illegal drugs, but they were still arrested. That arrest starts a legal process that's hard to stop unless you bring in someone who knows how to fight it from the beginning.
How Officers Make the Call at a Traffic Stop
When you're pulled over, an officer is trained to look for signs of impairment: slow reactions, slurred speech, poor coordination, and trouble following instructions. If you admit to taking something like Xanax or Valium, that immediately becomes part of the equation.
Even if you're calm, polite, and cooperative, you can be arrested on suspicion of DUI based on the officer's belief that your medication affected your ability to drive. They may ask you to perform field sobriety tests or request a blood or urine sample. Those tests are often flawed, and the results can be misinterpreted.
This is when the involvement of a private attorney makes a major difference. I look at everything the officer wrote, what the video shows, and what was said during the stop. I also look closely at whether your rights were respected during testing and whether the arrest was even legal in the first place.
Why Prescription Doesn't Equal Protection
This is what frustrates a lot of people I work with. They did everything right — got the medication from a licensed doctor, followed the directions, and didn't feel impaired. But the law doesn't care whether you have permission to take the drug. If the state believes you were affected enough to make driving unsafe, you can still be charged.
That's why it's important not to try to explain yourself to the police at the scene. Admitting you're taking anxiety medication can give them a reason to investigate you further. Even if you think you're helping your case, you're actually giving them more to use against you.
As your lawyer, I make sure your medical history is framed the right way — not twisted into a confession. I also bring in qualified professionals to evaluate whether the amount of medication in your system is actually capable of causing impairment. That's the kind of defense that can lead to charges being dropped, reduced, or beaten at trial.
What the Prosecutor Has to Prove
To convict you of DUI involving anxiety medication, the state has to show two things:
- That you were in actual physical control of the vehicle and
- That your ability to operate that vehicle was impaired by a controlled substance
They don't have to prove you were "high" or "intoxicated." All they need is enough to convince a jury that your normal faculties were affected — things like judgment, coordination, memory, or motor skills.
They'll try to use:
- The officer's description of your behavior
- Results from field sobriety tests
- Lab results showing the presence of Xanax or Valium
- Your own statements
A public defender may not have the time to attack each part of that. I do. When I represent someone facing this type of DUI, I review every second of bodycam footage. I question whether the field tests were fair. I cross-check the toxicology with medical records and consult with experts when necessary. That's what private defense looks like — strategic, aggressive, and focused.
Real Example: Anxiety Medication DUI Arrest
I once worked with a client who had a long-standing prescription for Xanax. She was involved in a minor traffic accident — no injuries, no damage. When police arrived, they said she seemed "unfocused" and "overly calm." She admitted she took her morning dose before leaving for work.
That statement sealed it. She was arrested, taken to jail, and charged with DUI. The toxicology report showed a low dose of alprazolam in her blood — exactly in line with her prescription. However, the officer's report claimed her driving and behavior were impaired.
We pulled her medical records, consulted with a pharmacologist, and showed that her dosage wouldn't impair most people in any meaningful way — especially someone who had been on the medication long-term. The judge threw out the case.
The outcome would've been very different if she hadn't brought in a private attorney who knew how to break the case apart piece by piece.
Penalties for DUI Involving Prescription Drugs in Florida
If you're convicted of DUI involving anxiety medication, you'll face the same penalties as someone convicted of an alcohol DUI. That includes:
- Up to 6 months in jail
- Up to $1,000 in fines
- License suspension
- Mandatory DUI school
- Community service
- A permanent criminal record that can't be sealed or expunged
Those penalties increase if it's a second or third offense, if there was a child in the car, or if there was a crash that caused injury or damage.
Even a first-time offense can change your life. That's why fighting the charge from the beginning is so important — and why you need a lawyer who can do more than show up at court.
FAQs – DUI and Prescription Anxiety Medications in Florida
Can I really be charged with DUI if I have a valid prescription for Xanax or Valium?
Yes, you can. Having a prescription doesn't protect you from a DUI charge if the officer believes your driving was impaired. Florida law focuses on whether your normal faculties were affected — not whether the drug was prescribed.
How can officers tell if I'm impaired by my anxiety medication?
Officers rely on observations, such as slurred speech, drowsiness, confusion, or poor coordination. If they think you're impaired, they might ask for field sobriety tests or call a drug recognition officer. Their decision to arrest you is often based on behavior more than hard science.
What if the amount of medication in my system was low?
Even a low dose can be used against you if the officer claims you were impaired. That's why your defense should include a review of your medical history and possibly expert testimony about therapeutic levels and tolerance. These cases are often won by challenging the assumption that presence equals impairment.
Is there a difference between DUI from alcohol and DUI from anxiety medication in Florida?
The penalties are the same. Whether it's alcohol, marijuana, prescription pills, or over-the-counter medication, the legal consequences for a DUI conviction under § 316.193 are identical. The main difference is how impairment is proven — and that's where your defense needs to be sharp.
Can I lose my driver's license for this kind of DUI?
Yes. A DUI arrest typically results in an administrative suspension of your license through the Florida DHSMV. You only have 10 days to request a formal review hearing to challenge that suspension. Missing that window can make it much harder to get your license back quickly.
What are my chances of beating a DUI if it's based on prescription drugs?
That depends on the facts, but these cases are often more defensible than alcohol DUIs. There may be no clear signs of impairment, the field tests might be unreliable, and your toxicology report could show levels consistent with prescribed use. A private attorney can evaluate all of this and build a strong defense.
Should I talk to police about my medications if I get pulled over?
No. Even innocent comments like "I'm on anxiety meds" can be used to support an arrest. The best thing you can do is remain respectful, decline to answer questions about drug use, and ask to speak to a lawyer. What you say will be written down and possibly used in court.
Will this charge stay on my record permanently?
If you're convicted, yes. DUI convictions in Florida can never be expunged or sealed, even for a first offense. That's why fighting the charge is so important. With the right defense, you may be able to get the charge reduced or dismissed before it becomes permanent.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you were arrested for DUI after taking a prescribed medication like Xanax or Valium, don't wait to protect yourself. You have rights. Let us help you protect them.
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.