DUI Charges for Legal Prescription Use—Here’s Why Calling a Private Lawyer Immediately Can Protect You
If you’ve been arrested for DUI in Florida because of a prescription medication, the most important decision you can make is this one: how quickly you hire a defense lawyer. Timing matters more than most people realize. I’ve represented countless individuals accused of driving under the influence of their own medication, and one thing has always been true—when someone calls me right away, I have more tools to protect them and more time to stop the case from spiraling into something worse.
Let’s talk about how Florida law works when it comes to DUI and medication, the defenses that may apply, and why you need a private attorney fighting for you from the very beginning.
The Law: What Florida Statute § 316.193 Says About DUI and Medication
Florida law doesn’t just cover alcohol or illegal drugs. You can be charged with DUI even if you were taking medication prescribed by your doctor—if the state believes you were impaired while driving.
Here’s the actual text of Florida Statutes § 316.193(1):
“A person is guilty of the offense of driving under the influence and is subject to punishment... if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is 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.”
This is where things get tricky. Chapter 893 includes many commonly prescribed medications like oxycodone, Xanax, Ambien, hydrocodone, Adderall, and more. That means even if you’re following your doctor’s instructions, you can still be arrested if an officer believes you weren’t able to drive safely.
And once that arrest is made, the clock starts ticking.
Why Time Is Not on Your Side
The moment you’re arrested, several things start happening:
- The Department of Highway Safety and Motor Vehicles (DHSMV) begins the process of suspending your license under Florida Statute § 322.2615.
- The state attorney’s office starts reviewing the case for formal charges.
- Evidence like bodycam footage, hospital records, and officer reports begin circulating through the system.
You only have 10 days to request a formal review hearing to challenge the administrative suspension. If you miss that window, your license can be suspended even if you later win in court.
But when I’m hired immediately, I can step in and:
- File that hearing request before the deadline
- Begin gathering medical and toxicology evidence
- Communicate with the prosecutor to potentially avoid formal charges
- Look for grounds to suppress evidence before it’s submitted to the court
Waiting just a few days can eliminate some of these opportunities.
What the Police Will Try to Use Against You
When an officer thinks you’re under the influence of medication, they may use:
- Your driving behavior (swerving, slow response, speeding)
- Field sobriety tests
- Statements you made about taking medication
- A Drug Recognition Expert (DRE) evaluation
- A blood or urine test showing the presence of a controlled substance
The issue is that presence doesn’t mean impairment. Many medications remain in your system long after the effects wear off. For example, someone taking prescribed Valium may test positive long after they’re no longer feeling any effect.
I’ve seen these cases unravel when we show that what the state called “impairment” was simply a legally prescribed medication being used exactly as directed. But without fast legal action, the prosecution controls the narrative.
Real Case Result: How Early Representation Made the Difference
One of my clients was a mother in her forties who had been prescribed Ambien and Lexapro. She’d taken her medication in the evening and fell asleep on the couch. A few hours later, she realized she left something in her car and went outside. She sat in the driver’s seat, not intending to drive, but the lights were on, and a neighbor called the police.
Officers arrived, conducted a DRE evaluation, and arrested her for DUI. She had no alcohol in her system and admitted to taking her medication several hours earlier.
She called me from the station.
Because I got involved right away, I was able to:
- Get her toxicology sample independently tested
- Obtain a copy of her medical records
- Subpoena the bodycam footage, which showed she was calm and coherent
- Interview the neighbor who confirmed she hadn’t moved the car
We presented everything to the prosecutor within the first two weeks. They declined to file the charge.
If she had waited or relied on court-appointed counsel, that case likely would’ve moved forward.
The Defenses That May Apply in DUI-Medication Cases
When you’re charged with DUI for medication, several defenses may apply—if your lawyer understands how to use them properly. Here are a few that I’ve used to protect clients:
No Actual Impairment
The law requires that your normal faculties be impaired. If your coordination, judgment, and alertness weren’t affected, you’re not guilty—no matter what medication was in your system.
Improper DRE Evaluation
Drug Recognition Experts are not medical professionals. If their evaluation was flawed, rushed, or inconsistent, I challenge it.
No Probable Cause for the Stop
If the officer didn’t have a lawful reason to pull you over, the entire case may be dismissed. I always examine the initial stop closely.
Lawful Prescription Use
If you were taking your medication as directed and had no side effects affecting your driving, that is a critical part of your defense.
Chain of Custody Issues with Blood or Urine Samples
Lab mistakes happen. I’ve had cases where samples were mislabeled or processed incorrectly. These errors can lead to evidence being thrown out.
You won’t find these defenses in a pamphlet. They come from experience—and from getting involved in your case as soon as possible.
Why You Shouldn’t Wait to Call a Lawyer
Public defenders are assigned after charges are filed—and by then, it may be too late to stop your license from being suspended or to stop the prosecutor from filing a DUI based on incomplete or misleading information.
When you hire a private defense attorney early, we take control of the situation from the start. That’s not just about legal work—it’s about protecting your job, your family, and your future.
Don’t let a medication-based DUI charge go unchallenged. And don’t wait until your court date to get help.
FAQs – DUI Arrests Involving Prescription Medication in Florida
Can I be charged with DUI even if I have a valid prescription?
Yes. Florida law focuses on whether your normal faculties were impaired, not whether the drug was legally prescribed. If the state believes your medication affected your ability to drive safely, you can be charged.
What is considered “normal faculties” under Florida DUI law?
Normal faculties include walking, talking, driving, making decisions, and understanding your surroundings. If the state thinks your medication affected any of these abilities, they may claim you were impaired.
How long do I have to challenge my license suspension after a DUI arrest?
You have 10 calendar days from the date of your arrest to request a formal review hearing to challenge the administrative suspension through the DHSMV. If you miss that deadline, your license can be suspended even before your court case begins.
Will the presence of medication in my blood automatically lead to a conviction?
Not necessarily. Presence alone is not enough. The prosecution has to prove actual impairment. Many medications remain in the system long after their effects wear off. A good defense lawyer will make sure that distinction is clear to the judge or jury.
Is it legal to refuse a urine or blood test in a DUI-medication case?
Florida’s implied consent law says that by driving in the state, you agree to testing. Refusing can lead to a license suspension and may be used as evidence against you. But even if you refused, the case may still be defensible.
What if I was just parked in my car but not driving?
Florida law includes people who are in actual physical control of a vehicle, even if it’s not moving. That means sitting in the driver’s seat with the keys in reach can be enough for a DUI arrest—especially if you appear impaired.
Can DUI charges based on medication be dropped?
Yes. I’ve had many cases dropped when we show that the state cannot prove impairment. This often involves presenting toxicology reports, medical records, and challenging DRE evaluations or officer observations. The key is acting quickly so the defense has time to build your case.
Why should I hire a private lawyer instead of waiting for a public defender?
Private attorneys can get involved immediately. That means we can challenge your license suspension, contact the prosecutor before charges are filed, and start building your defense while the evidence is still fresh. Public defenders often come in later—after critical opportunities are already missed.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you’ve been arrested for DUI involving medication, every hour matters. You need to act before the state builds a case around assumptions and lab results.
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.