You Can Be Arrested for DUI in Florida Even If You Took Your Prescription as Directed—Here's Why You Need a Lawyer
I've spoken to more than a few people who were stunned to find themselves facing DUI charges after taking their nightly medication. They weren't drinking, they weren't doing drugs, and they had a valid prescription from a doctor. But in Florida, that doesn't always matter. If law enforcement believes your ability to drive was impaired—regardless of whether you followed the prescription instructions—you can be charged under Florida's DUI statute.
This happens a lot with sleep medications like Ambien (zolpidem), Lunesta (eszopiclone), and other sedatives. These drugs are prescribed all the time for insomnia, anxiety, and related issues. But what many people don't realize is that the side effects of these medications can lead to behaviors that look like—or even match—impairment from alcohol or illegal drugs.
As a criminal defense attorney who has handled DUI cases across the state of Florida, I've seen firsthand how these charges are filed, how prosecutors try to prove them, and how they can be fought. If you've been charged with DUI after taking a sleep aid, here's what you need to know—and why hiring a private defense lawyer may be the most important decision you make right now.
Florida DUI Law and Prescription Sleep Medications
Under Florida Statutes § 316.193, you can be charged with DUI if you are:
"Driving or in actual physical control of a vehicle… while under the influence of alcoholic beverages, any chemical substance under § 877.111, or any substance controlled under chapter § 893, when affected to the extent that the person's normal faculties are impaired."
This applies directly to drugs like Ambien, Lunesta, and other sedatives—even if those medications were legally prescribed. These drugs are classified as Schedule IV controlled substances under Florida Statutes § 893.03, which means they have an accepted medical use but still carry a risk of dependence and can impair brain function.
So yes, you can be charged with DUI in Florida for simply driving after taking your prescription sleep aid. You don't have to be abusing it. You don't have to take more than you were supposed to. If the officer thinks you were impaired, that's enough to arrest you—and that's usually what happens.
Why Sleep Medications Lead to DUI Arrests
Ambien and Lunesta work by slowing down activity in the brain to help you sleep. The problem is that some people take these medications and then experience residual effects the next morning, such as:
- Drowsiness
- Slurred speech
- Poor coordination
- Difficulty concentrating
- Delayed reaction time
Others experience something more serious: sleep-driving. This is when someone unknowingly gets behind the wheel while still under the influence of the drug. These events are rare, but they do happen—and police often don't distinguish between someone who was impaired intentionally and someone who was sleep-driving involuntarily.
I've had clients who truly didn't remember getting in their car. They weren't trying to break the law. They took their medication, laid down, and woke up in a holding cell with no memory of how they got there. It sounds hard to believe until it happens to you.
What Law Enforcement Looks For
When an officer pulls someone over and suspects impairment, they don't always find alcohol on the person's breath. If the driver seems off—glassy eyes, slow speech, confusion—the officer may call in a Drug Recognition Expert (DRE) or ask questions about medications.
If you admit to taking Ambien, Lunesta, or anything similar, that's often enough for the officer to arrest you under suspicion of drugged driving. And once that arrest happens, everything you say and do becomes evidence.
The DRE may perform a 12-step evaluation and conclude that you're under the influence of a central nervous system depressant. That opinion, even without a positive drug test at the scene, can be used to justify the DUI charge. You'll then be taken to jail, and the case begins.
Common Defenses in DUI Sleep Medication Cases
Just because you were charged doesn't mean you'll be convicted. These cases have plenty of weaknesses, and I've built successful defenses by focusing on what the state has to prove—and what they often get wrong.
Some of the most effective defense strategies include:
Lack of Impairment Evidence
The state must show that your "normal faculties" were impaired. That includes your ability to walk, talk, drive, and make decisions. If your driving was normal and you passed field sobriety tests, it weakens their case—even if you admitted to taking medication.
No Proof of "Actual Physical Control"
You don't need to be driving to be charged. Sitting in the driver's seat with the keys nearby can count. But if we can show that you weren't in control of the vehicle—like if you were sleeping in the backseat—we can challenge the charge.
Toxicology Reports Don't Match Officer Observations
Sometimes, the officer claims you were clearly impaired, but the toxicology report comes back showing only a low, therapeutic level of medication. That mismatch can raise serious doubts about whether you were actually impaired at the time.
Unknowing Ingestion or Side Effects
In some cases, sleep medications cause behaviors that are involuntary. If you took Ambien and ended up sleep-driving, that may support a defense of automatism—meaning you acted without conscious awareness. That can be a complete defense to a criminal charge in certain cases.
These defenses only work when they're carefully investigated and clearly presented. That's why private legal representation matters so much. I take the time to get your medical records, review police videos, analyze lab reports, and bring in expert testimony when needed. You won't get that kind of attention from a public defender's office with dozens of cases on their plate.
The Stakes: Why You Can't Afford to Handle This Alone
A conviction under § 316.193—even for a first-time offense—comes with serious penalties:
- Up to 6 months in jail
- Up to $1,000 in fines
- License suspension
- DUI school and evaluation
- Probation and community service
- Permanent criminal record
If there was an accident, a minor in the vehicle, or a second offense, the penalties only get worse. And because DUI is a criminal charge, it can affect your employment, your insurance, your reputation, and even your ability to hold a professional license.
I tell my clients that the earlier I get involved, the better. The first hearing isn't just a formality—it's a chance to start shaping how your case will be handled. I've had charges dismissed before arraignment, and I've gotten others reduced to non-criminal offenses with no license suspension. But those results happen because we move quickly and prepare the right way.
FAQs – DUI Charges for Sleep Medication Use in Florida
Can I be charged with DUI for taking Ambien if I wasn't drinking?
Yes. Under Florida law, DUI doesn't just apply to alcohol. If you're under the influence of any substance that impairs your ability to drive—including prescription sleep aids like Ambien—you can be arrested. Whether or not you had anything to drink is irrelevant if the officer believes you were impaired.
What if I took the medication hours ago but still felt groggy while driving?
Even if you took your medication the night before, if its effects were still present while you were driving, prosecutors can argue that your normal faculties were impaired. That's why some people are charged with DUI the next morning, even if they felt fine when they got behind the wheel.
Is sleep-driving a valid legal defense?
In some cases, yes. If you were sleep-driving and genuinely unaware of what you were doing due to the effects of a medication like Ambien, it may be possible to argue that you were not acting voluntarily. This defense can be difficult to prove, but it has been accepted in certain situations.
Will a DUI for prescription drugs show up the same as an alcohol DUI?
Yes. Under Florida law, there is no distinction on your record between a DUI for alcohol and a DUI for drugs. Both are considered criminal offenses and carry the same penalties and long-term consequences.
Do I have to tell the officer what medications I'm on during a traffic stop?
No, you're not required to disclose any medical information unless you choose to. In fact, it's often better not to answer those questions until you've spoken with a lawyer. Anything you say—especially an admission of taking medication—can and will be used against you in court.
Can I fight the charge if I had a valid prescription?
Having a valid prescription does not protect you from being charged with DUI in Florida. What matters is whether the medication impaired your ability to drive. However, your prescription history, dosage, and how your body reacts to the drug can all be used as part of your defense.
What should I do immediately after being arrested for a DUI involving sleep medication?
You should contact a private criminal defense lawyer as soon as possible. These cases require a detailed review of medical records, lab results, officer reports, and more. The sooner a lawyer gets involved, the more time they have to investigate and begin building your defense.
Will my driver's license be suspended automatically?
After a DUI arrest, your license may be suspended administratively—before you're even convicted. You have a limited time to request a hearing to challenge that suspension. An attorney can represent you at that hearing and potentially protect your driving privileges.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you've been arrested for DUI after taking Ambien, Lunesta, or another sleep aid—even if you were following your doctor's orders—you need someone who can fight back for you.
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.