You Can Be Charged With DUI Even If You’re Taking Pain Medication as Prescribed — Here’s What You Need to Know and Why You Need a Private Attorney

If you’ve been arrested for DUI in Florida and the only thing you took was a prescribed painkiller like Oxycodone or Hydrocodone, you’re probably asking the same question I hear all the time: “How can I be charged when I was just following my doctor’s orders?”

It’s a valid question, and the answer lies in how Florida law treats impairment, not just whether the substance is legal. You can be arrested and convicted for DUI even if you have a valid prescription, and it happens more often than people think.

I’ve helped many people in your situation. They were pulled over for something minor — maybe drifting in a lane or driving too slowly — and after a quick conversation with law enforcement, they were in handcuffs for DUI. They hadn’t been drinking. They hadn’t used anything illegal. They were taking pain medication after surgery or for chronic pain.

That’s the reality of how Florida handles these cases. And it’s exactly why you need a private defense attorney who knows what to look for, what arguments to make, and how to protect your rights from the start.

The Statutes That Apply in Florida DUI Painkiller Cases

The main law that governs these arrests is Florida Statutes § 316.193. Under this statute, you can be charged with DUI if:

“A person is driving or in actual physical control of a vehicle... while under the influence of alcoholic beverages, any chemical substance... or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired.”

That last part — “any substance controlled under chapter 893” — is where painkillers come in.

Oxycodone and Hydrocodone are both classified as Schedule II controlled substances under Florida Statutes § 893.03(2)(a). That puts them in the same category as cocaine, methamphetamine, and fentanyl when it comes to Florida law. Even though they’re commonly prescribed and legally used, they’re still tightly regulated. And if law enforcement believes you’re impaired by them while driving, you can be charged with DUI just as if you were drunk or high on street drugs.

What “Impairment” Means Under Florida DUI Law

Florida doesn’t require the prosecution to prove a certain quantity of drugs in your system. There’s no legal limit like the 0.08 BAC threshold used for alcohol. Instead, the focus is on whether your “normal faculties” were impaired — meaning your ability to walk, talk, see, hear, make decisions, or perform tasks required to drive.

Here’s where things get subjective.

Law enforcement often builds a DUI painkiller case around things like:

  • Slurred speech
  • Confused answers
  • Slow movements
  • Dilated or constricted pupils
  • Nodding off or seeming drowsy
  • Performance on field sobriety tests

These observations become the foundation of the arrest, even if you only took medication exactly as directed by your doctor.

As a defense attorney, this is where I focus my attention. I question whether those signs were caused by impairment or by other factors like fatigue, medical conditions, anxiety, or even the stress of the traffic stop itself.

Why You Can Be Charged Even With a Prescription

Many clients are shocked to learn that a valid prescription doesn’t protect them from a DUI charge. But Florida law makes it clear — the issue isn’t legality; it’s impairment.

You can legally possess and take Oxycodone or Hydrocodone. But if the state believes the medication affected your ability to drive safely, you can still be charged. And in many cases, the officer makes that decision based on a short roadside conversation or field sobriety exercises that aren’t reliable for evaluating drug impairment.

That’s where the problems start. And that’s why you need a private lawyer who will look beyond the officer’s opinion and examine whether the evidence actually proves impairment.

How These Cases Usually Begin

Here’s a typical scenario I’ve seen over and over again:

  • You’re driving home from the pharmacy, a follow-up appointment, or work.
  • You get pulled over for a minor traffic infraction — maybe a broken taillight or weaving slightly in your lane.
  • The officer asks if you’ve had anything to drink or taken any medications.
  • You mention your pain prescription because you think honesty will help.
  • Suddenly, the tone changes. You’re asked to step out of the car. Field sobriety tests follow.
  • Even if you pass, you’re told you “seem impaired.” You’re placed under arrest for DUI.
  • At the station, you blow 0.000. Then you’re asked to submit to a urine or blood test.

That urine test may later show trace amounts of your prescribed medication — even though you weren’t impaired. But the damage has been done. Now you’re fighting a DUI charge that never should’ve happened.

The Role of Drug Recognition Experts (DREs)

In many painkiller DUI arrests, police bring in a Drug Recognition Expert to evaluate whether you’re impaired by drugs. These officers go through a certification program that allows them to conduct a twelve-step evaluation of your behavior, vitals, and physical signs.

But their conclusions are often based on assumptions — not hard science. I’ve handled cases where the DRE said a driver was impaired by opioids, but the toxicology report didn’t back that up. Or the dosage was so low it had no effect on driving. Sometimes, the officer didn’t even ask for the driver’s full medical history before writing the report.

As a private defense attorney, I scrutinize every part of the DRE process. I check the officer’s certification. I look at bodycam footage. I request the toxicology lab results and compare them to the officer’s findings. If there are contradictions, I use them to file motions to suppress and weaken the prosecution’s case.

Penalties You Face If Convicted

A DUI conviction involving prescription drugs carries the same penalties as any other DUI in Florida. These include:

  • Up to 6 months in jail for a first offense
  • Up to $1,000 in fines
  • License suspension for at least 6 months
  • Mandatory DUI school
  • Substance abuse evaluation and possible treatment
  • Vehicle impoundment
  • Long-term probation

If it’s your second or third offense, the consequences get much more severe — including mandatory jail time, longer license suspensions, and potential felony charges.

And beyond the legal penalties, a DUI conviction stays on your record for life in Florida. It can’t be sealed or expunged.

This is why you can’t afford to handle the case alone or wait for a public defender to be assigned later. Every day that passes makes it harder to challenge the evidence.

How I Defend DUI Painkiller Cases

I take a detailed, evidence-driven approach. Every case is different, but here’s what I look at right away:

  • Was there actually impairment? Just having a drug in your system isn’t enough.
  • Was the traffic stop legal? If the officer didn’t have a valid reason, all evidence may be thrown out.
  • Were field sobriety tests done properly? These tests aren’t designed for drug impairment and often lead to false positives.
  • Were your rights violated during the arrest or testing process?
  • Do medical records contradict the officer’s conclusions? I use your health history to challenge assumptions.

I’ve had DUI painkiller cases dismissed before charges were ever filed. I’ve had others resolved with no conviction or license suspension. The key is acting early — and having someone on your side who knows how to pick apart the case before it builds momentum.

Frequently Asked Questions – DUI and Prescription Painkillers in Florida

Can I get a DUI in Florida if I have a prescription for Oxycodone or Hydrocodone?

Yes. A valid prescription does not prevent you from being charged. Florida’s DUI law is based on whether your driving was impaired, not whether the drug was legally obtained. Even when taken as directed, painkillers can still affect your ability to drive. That said, having a prescription is important and may help support your defense, especially if the dose was within therapeutic levels and there was no sign of actual impairment.

What if I only took the medication hours earlier?

Painkillers can stay in your system long after the effects wear off. A urine test might show the drug, but that doesn’t mean you were impaired at the time of driving. The prosecution still has to prove that your ability to operate the vehicle was affected. That’s where a strong defense matters. I work to show that the medication’s presence had no meaningful impact on your faculties.

Are there field sobriety tests for drug impairment?

Standard field sobriety tests (FSTs) were designed for alcohol, not drugs. While officers still use them, they’re not always reliable indicators of drug impairment—especially with opioids. That’s why I often challenge the weight given to these tests in court. Officers also sometimes use Drug Recognition Experts (DREs), but their conclusions are based on judgment, not scientific testing.

Can a DUI for prescription drugs be a felony?

Yes. If it’s your third DUI within ten years, your fourth DUI at any time, or if someone was injured or killed during the incident, it can be charged as a felony—even if the substance involved was a legally prescribed painkiller. The presence of a controlled substance plus aggravating factors gives the prosecution room to escalate the charge.

What are my chances of beating a DUI charge for painkillers?

That depends on the facts of your case. But I’ve successfully defended people in your situation by challenging the traffic stop, questioning the officer’s observations, undermining the DRE findings, and pointing to non-impairing levels in toxicology results. The earlier I get involved, the more options we have to attack the case before it goes too far. Your best chance comes from having a private lawyer who can dedicate time and attention to the details.

What should I do if I’m pulled over and I’ve taken prescription medication?

You’re not required to answer questions about what you’ve taken. You should provide your license, registration, and insurance—but politely decline to discuss your medication use without a lawyer present. Don’t agree to field sobriety tests. If arrested, ask for legal counsel right away. Every word you say at the scene can be used against you later, so silence is often your best defense until your lawyer is involved.

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

If you’re facing DUI charges after taking pain medication like Oxycodone or Hydrocodone, don’t assume the situation will sort itself out. Prosecutors are aggressive in these cases, and the consequences can follow you for life.

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.