Drugged driving charges are just as serious as alcohol-related DUI offenses in Florida. Many people don’t realize that you can be charged with a DUI in Florida even if there’s no alcohol in your system — all it takes is proof that you were impaired by a controlled substance, prescription drug, or even over-the-counter medication while in actual physical control of a vehicle.

The controlling law here is Florida Statutes § 316.193, and it outlines the state’s legal approach to impaired driving, including drug impairment. If you’ve been arrested or accused of driving under the influence of drugs in Florida, here’s what you need to know — including what the statute says, how it’s enforced, and why hiring a private attorney is essential.

What Florida Statutes § 316.193 Says

Under § 316.193(1)(a)–(b), a person can be convicted of DUI in Florida if they are:

“Driving or in actual physical control of a vehicle within this state, and... 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.”

So what does this mean?

  • You don’t have to be drunk to be charged.

  • If you’re under the influence of marijuana, cocaine, methamphetamine, opioids, benzodiazepines, or any other controlled substance, you can be arrested.

  • Even legally prescribed medications — like Xanax, Ambien, or Oxycodone — can lead to a DUI charge if law enforcement believes your ability to drive was impaired.

  • Over-the-counter medications like antihistamines or sleep aids can also form the basis of a DUI arrest under certain conditions.

What matters is impairment, not legality or dosage.

Legal Challenges in Drugged Driving Cases

Unlike alcohol DUIs, where officers can rely on breath tests, drugged driving cases are much more subjective. There’s no roadside breathalyzer for marijuana or painkillers. This makes these cases more complex — and also more defensible.

Here are some common issues that arise:

  • Lack of clear signs of impairment: Officers often base the arrest on subjective observations (glassy eyes, slurred speech, nervousness), which may be due to fatigue, stress, or a medical condition.

  • No blood or urine test: In many cases, no chemical test is conducted at all. Other times, a sample is collected hours after the stop — long after the substance could have affected driving ability.

  • Presence does not equal impairment: Even if a drug shows up in your system, that doesn’t mean you were impaired at the time of driving. Some drugs stay in your system long after their effects have worn off.

This is why hiring a private attorney is critical. I dig into the timeline, the officer’s reasoning, the lab results, and the medical background. I look for the flaws, inconsistencies, and rights violations that can lead to evidence being excluded — or the case being dismissed entirely.

Real-World Example of a Drugged Driving Arrest in Florida

Imagine a driver gets pulled over in Naples for drifting within a lane. The officer approaches and smells no alcohol, but notices the driver is “speaking slowly” and “appears tired.” The driver admits to taking a prescription painkiller for a recent surgery.

The officer calls in a Drug Recognition Expert (DRE), who conducts a 12-step evaluation and claims the driver is impaired by narcotics. A urine test is later taken at the jail, and oxycodone shows up.

Now that driver is charged with DUI, even though the medication was legally prescribed.

This kind of case happens every day in Florida. And this is exactly where a private defense attorney can intervene — by challenging whether there was actual impairment, not just presence of a substance.

What To Do If You’re Accused of Drugged Driving

If you’re stopped and suspected of drug impairment:

  • Stay calm and polite. Don’t argue at the scene.

  • Don’t admit to taking anything. Even saying “I took a Tylenol PM” can be used against you.

  • Refuse field sobriety tests. These are voluntary and highly subjective.

  • Request an attorney immediately. If you’re arrested, do not answer any questions about your medical history or recent drug use without legal counsel present.

Time is critical in these cases. The sooner you speak with a lawyer, the more options you have to protect yourself.

Penalties for a Drugged Driving Conviction in Florida

A conviction under Florida Statutes § 316.193 carries the same penalties as an alcohol-related DUI:

  • First Offense:

    • Up to 6 months in jail

    • Up to $1,000 in fines

    • Mandatory license suspension

    • Probation and community service

    • DUI school and substance abuse evaluation

  • Second Offense (within 5 years):

    • Mandatory minimum 10 days in jail

    • 5-year license suspension

    • Ignition interlock device

    • Higher fines and longer probation

  • Third Offense (within 10 years):

    • Felony DUI with up to 5 years in prison

    • Permanent license revocation

    • Felony record

  • Aggravating factors such as causing injury, having a minor in the vehicle, or refusing testing can lead to enhanced penalties, including mandatory jail time.

These penalties are serious and life-changing. But a charge is not the same as a conviction — especially when you have the right legal defense on your side.

How a Private Criminal Defense Lawyer Can Help

Drugged driving cases often come down to interpretation, science, and evidence — and that’s exactly where a private lawyer can make a difference.

When I take a case like this, I immediately get to work by:

  • Challenging the stop: Was there a valid reason for pulling you over?

  • Reviewing the DRE report: Was the evaluation properly done? Was the officer certified?

  • Analyzing chemical tests: Was the urine or blood test done correctly? Were results interpreted properly?

  • Examining your prescription: Did you take medication exactly as prescribed? Is there medical documentation of your condition?

Most importantly, I act quickly. I get the full police report, video evidence, and lab results. I contact witnesses and subpoena medical records if necessary. Every detail matters — and in many cases, the prosecution’s evidence doesn’t hold up when examined closely.

And because I’m a private attorney, I have the time and resources to fight your case aggressively from the very beginning — not just plead you out at the first hearing.

Call Musca Law For A Free Consultation

Being charged with drugged driving in Florida is serious, but it’s not hopeless. The law requires actual impairment, not just the presence of a drug. If police or prosecutors can’t prove that your ability to drive was affected, the case may not stand.

Don’t assume a prescription means you’re safe. Don’t assume your clean criminal record will protect you. And never try to fight these charges alone.

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.