Understanding DUI Charges Involving Prescription Drugs and How to Protect Your Rights
In Florida, driving under the influence doesn’t just apply to alcohol. You can be charged with DUI if you’re impaired by prescription medication, even if the medication was legally prescribed to you. The challenge with DUI charges involving prescription drugs is that they don’t follow the same standards as alcohol-related DUIs. There’s no breathalyzer test that measures how much of a substance is in your system. Instead, law enforcement officers often rely on subjective observations, which can lead to unfair charges.
If you’ve been arrested for driving under the influence of prescription medication, you need to know what legal defenses are available and how a Florida DUI attorney can help you challenge the charges.
What the Law Says About Prescription Medication and DUI
Under Florida Statute § 316.193, it is illegal to operate a vehicle while impaired by alcohol, controlled substances, or any chemical substance that impairs normal faculties. Prescription medication falls under the category of controlled substances. The key issue in these cases isn’t whether the drug was legally prescribed but whether it impaired your ability to drive safely.
How DUI Lawyers Defend Prescription Medication DUIs
The complexities surrounding prescription medication DUIs make these cases unique. A DUI lawyer uses various defense strategies to challenge the evidence against you. Here are several ways we approach defending clients charged with DUI for driving on prescription medication.
Challenging Officer Observations
When you’re stopped by law enforcement, they may ask you to perform field sobriety tests to determine whether you’re impaired. However, these tests are designed to detect impairment from alcohol, not prescription drugs. Medications can cause side effects that mimic impairment, such as drowsiness, slow reaction times, or coordination issues.
Your lawyer can argue that the officer’s observations were based on symptoms related to your prescription rather than actual impairment. We’ll also look at the context in which these tests were administered. Were you tired after a long day? Was the officer aware of your medical condition?
Medical Necessity and Safe Use
If you were taking your medication as prescribed and had no reason to believe it would impair your ability to drive, your lawyer can present this as part of your defense. Many prescription medications come with warnings about potential side effects, but that doesn’t mean every person experiences those side effects. We’ll work to show that you were using the medication responsibly and that no impairment occurred.
Blood and Urine Tests: Understanding Their Limitations
In prescription drug DUI cases, officers may require a blood or urine test to determine whether medication is present in your system. However, these tests can be misleading. Many prescription drugs remain detectable in your system long after the effects have worn off, and their presence alone doesn’t prove impairment.
Your DUI lawyer will challenge the test results, focusing on the fact that a positive test for a substance doesn’t necessarily mean you were impaired while driving. We can bring in medical experts to testify that the medication in your system would not have impaired your faculties at the time of the traffic stop.
Lack of Probable Cause for the Traffic Stop
A strong defense in many DUI cases, including those involving prescription drugs, is to challenge whether the officer had a valid reason to stop your vehicle in the first place. Law enforcement officers must have reasonable suspicion that a crime or traffic violation has occurred to pull you over. If there’s no legitimate reason for the stop, all evidence gathered afterward can be excluded from the case.
Prescription vs. Illegal Drugs
It’s important to differentiate between prescription medications and illegal drugs. Just because you were taking a controlled substance doesn’t mean you were breaking the law. The court must consider whether you were using the medication as directed by your doctor and whether you were informed about its potential effects on your ability to drive.
We often argue that responsible use of prescription medication does not constitute criminal behavior, especially if the drug does not have a high likelihood of impairing driving abilities at the prescribed dose.
Demonstrating No Impairment
In prescription drug DUI cases, it’s critical to establish that the medication did not impair your ability to drive. This can be done by:
- Eyewitness testimony: We may bring in witnesses who were with you before you got behind the wheel and can testify that you showed no signs of impairment.
- Expert testimony: We can use medical experts to explain how the drug works in your system and argue that it would not have caused impairment.
- Video evidence: If there’s dashcam or bodycam footage of your traffic stop, this could show that you were not impaired, despite the officer’s claims.
Improper Administration of Field Sobriety Tests
Field sobriety tests are often unreliable in prescription drug cases. If the officer did not administer the tests properly or failed to consider your medical condition, this could be grounds for challenging the evidence against you. Your lawyer will closely examine how the tests were conducted and whether the results accurately reflect impairment.
The Penalties for Prescription Drug DUIs
The penalties for a DUI conviction involving prescription medication are similar to those for alcohol-related DUIs. However, there can be added complications if the court finds that you were recklessly using a prescription drug or combining it with other substances. The potential consequences include:
- Fines: First-time offenders may face fines ranging from $500 to $1,000. Subsequent offenses carry higher fines.
- Jail Time: A first offense can result in up to six months in jail. For multiple offenses, jail time increases.
- License Suspension: Your driver’s license may be suspended for up to one year for a first offense. Repeat offenders face longer suspensions.
- Probation: Many DUI convictions result in a period of probation, during which you must meet certain conditions like attending DUI school or performing community service.
- Ignition Interlock Device (IID): For multiple offenses, the court may require you to install an IID in your vehicle, which prevents you from driving unless you pass a breath alcohol test.
- Community Service: In some cases, judges order community service as part of the sentence, typically around 50 hours for a first offense.
These penalties can be life-altering, which is why it’s so important to have an experienced DUI lawyer fighting for your rights.
Avoiding a Conviction and Protecting Your Future
Facing DUI charges for driving on prescription medication can feel overwhelming, but you don’t have to go through it alone. At Musca Law, we understand how Florida’s DUI laws work and how to build a strong defense to protect you. We’ll investigate every aspect of your case, challenge the evidence, and fight to get the charges reduced or dismissed.
A DUI conviction can have lasting effects on your career, driving privileges, and personal life. That’s why it’s essential to act quickly and get legal representation as soon as possible. We’ll stand by you every step of the way, using every legal avenue available to defend your rights and protect your future.
Florida Prescription Medication DUI FAQs
Can I be charged with DUI in Florida for driving on prescription medication?
Yes, in Florida, you can be charged with DUI if a prescription medication impairs your ability to drive, even if the medication was legally prescribed to you. The state looks at whether your normal faculties were impaired, rather than whether you were using the drug legally.
How can a DUI lawyer defend against DUI charges for prescription medication?
A DUI lawyer can defend against prescription medication DUI charges by challenging the officer’s observations, questioning the accuracy of field sobriety tests, and presenting medical evidence that shows you weren’t impaired. Your lawyer may also challenge the legality of the traffic stop if there was no probable cause.
Will I lose my driver’s license if I’m convicted of DUI for driving on prescription medication?
If convicted of a DUI in Florida, whether for alcohol or prescription drugs, you face a mandatory driver’s license suspension. For a first offense, your license could be suspended for up to one year. Repeat offenses result in longer suspensions.
What if the prescription medication was in my system but didn’t impair me?
Just having prescription medication in your system doesn’t automatically prove impairment. Your DUI lawyer can argue that the presence of the drug doesn’t mean you were impaired while driving. Expert testimony and medical evidence can help demonstrate that you were capable of driving safely.
Can I fight a DUI charge if the officer didn’t follow proper procedure during the traffic stop?
Yes, if the officer failed to follow proper procedures during the traffic stop, such as conducting illegal searches or improperly administering field sobriety tests, your DUI lawyer can challenge the legality of the stop. Evidence gathered during an illegal stop could be thrown out, weakening the case against you.
Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation
If you’ve been charged with DUI while driving on prescription medication, contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Our team of experienced criminal defense attorneys is dedicated to defending individuals charged with DUI in Florida, and we’re available to help you at any time, day or night.