Being Unaware of Side Effects Won’t Stop DUI Charges—Here’s What Florida Law Says and Why Legal Representation Is Critical

People call me after being arrested, stunned, and confused. They weren’t drinking. They weren’t taking illegal drugs. They were just taking prescription medication—exactly as directed—and had no idea it could affect their driving. The question they always ask is, “How can I be charged with DUI if I didn’t know my medication could impair me?”

It’s a fair question, and the answer catches most people off guard. Under Florida law, intent or awareness of impairment doesn’t matter. If you’re behind the wheel and a drug—prescribed or not—affects your ability to drive safely, you can still face criminal charges.

Let me break it down for you: explain what the statute actually says, how prosecutors use it, what defenses can apply, and why having a private lawyer matters more than you might think.

What Florida Law Says About DUI and Prescription Medications

The statute that applies here is Florida Statutes § 316.193. The key part of the law reads:

“A person is guilty of the offense of driving under the influence... if the person is driving or in actual physical control of a vehicle... and is 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.”

— § 316.193(1)(a), Florida Statutes

There’s no language in this law that says you must have intended to become impaired. The issue is whether your ability to operate the vehicle was affected, regardless of how or why that happened.

Florida courts have consistently held that impairment is impairment, even if it comes from a legal prescription or an over-the-counter medication. That’s what makes these cases so frustrating—and so dangerous—for people who think they’re following the rules.

How People Get Arrested Without Realizing They Were At Risk

This is a lot more common than people think. Here are a few situations I’ve seen:

  • Someone takes a new anxiety or pain medication, doesn’t realize it causes drowsiness, and ends up swerving slightly on the road.
  • A person takes their usual allergy pill, gets pulled over for speeding, and appears “off” to the officer—leading to a full DUI investigation.
  • A driver on antidepressants shows signs of fatigue, and police bring in a Drug Recognition Expert who determines the person is “under the influence.”

None of these people set out to break the law. They weren’t abusing their medication. They weren’t even aware there was a problem. But that didn’t stop the arrest.

This is where legal defense comes in—and it needs to start immediately.

Real Case I Handled: DUI Charges Dismissed After Prescription Drug Arrest

One of my clients was pulled over in Sarasota after allegedly drifting over the lane divider late at night. The officer said her eyes looked “droopy,” her speech was slow, and her movements were sluggish. She blew a 0.000 on the breath test.

The officer called in a Drug Recognition Expert, who claimed she was impaired by a central nervous system depressant. She admitted to taking a prescribed muscle relaxant for neck pain hours earlier.

She was arrested and charged with DUI based on the officer’s observations and her own admission.

When I took the case, I requested the full dashcam and bodycam footage, her prescription records, and her toxicology results. The blood test confirmed the medication was in her system—but at levels far below the therapeutic range. She had also taken it over eight hours before the stop.

We brought in a toxicologist who wrote a report explaining the drug’s expected effects, how long it stays in the body, and why her behavior was not consistent with impairment.

I filed a motion to suppress the arrest, arguing that the officer lacked probable cause and failed to consider alternative explanations for her behavior. The prosecutor dropped the charges.

She avoided a conviction, avoided a license suspension, and kept her clean criminal record intact. That outcome wouldn’t have happened without a private defense attorney who had the time and focus to fight the case in detail.

Why Intent Doesn’t Matter—and Why That’s So Dangerous

Florida DUI law doesn’t require intent. That means you can follow your doctor’s instructions, take a legally prescribed medication, and still be held criminally responsible if law enforcement believes you were impaired at the time of driving.

This is not just about opioids or sedatives. I’ve seen people arrested for DUI after taking:

  • Sleep medications like Ambien or Lunesta
  • Anti-anxiety medications like Xanax or Ativan
  • Antidepressants
  • Muscle relaxants
  • Antihistamines and cold medicine

Even if these medications are common and legally taken, they can still lead to a DUI charge under § 316.193.

This is why the law is so harsh—because it treats impairment the same whether it’s caused by alcohol, illegal drugs, or legal prescriptions.

Defenses That May Apply in Prescription Medication DUI Cases

Even though the law is strict, that doesn’t mean every case is hopeless. I look at several angles when defending a prescription-related DUI:

Lack of Actual Impairment

The presence of a substance in your system isn’t enough to prove guilt. The prosecution must still show that your normal faculties—your ability to see, hear, walk, talk, judge distances, and drive safely—were impaired. If they can’t prove that, the charge should not stick.

Improper DRE Evaluation

If a Drug Recognition Expert was used in your case, I’ll examine their training, procedure, and conclusions. DREs rely heavily on interpretation, and their opinions can often be challenged in court.

Medical Explanation for Behavior

Drowsiness, fatigue, or confusion can have medical causes unrelated to drug use. If you were sick, tired, or under stress, those symptoms could be misread by law enforcement. I gather medical records and consult with doctors to explain what officers overlooked.

Unlawful Stop or Arrest

If the initial traffic stop was illegal or the officer didn’t have reasonable suspicion or probable cause, we can move to suppress all evidence that came after.

These defenses work when they’re built properly. That takes time, effort, and a clear strategy—something you get with private counsel.

Why Hiring a Private DUI Lawyer Matters Right Away

The truth is, you can’t afford to wait. Public defenders are overloaded and often assigned only after charges are filed. By then, key evidence may already be lost.

As a private attorney, I start working the minute I take the case:

  • I demand police bodycam and dashcam footage before it’s overwritten
  • I challenge toxicology procedures and lab results
  • I review your medical and prescription history
  • I work to stop the case before it ever gets to trial

Most importantly, I make sure your side of the story gets told—and that it’s supported by science, fact, and the law.

FAQs – DUI Charges and Prescription Medication in Florida

Can I be charged with DUI in Florida if I took my medication as prescribed?

Yes. Florida law doesn’t care whether you followed your prescription. If the medication affected your ability to drive safely, and that’s proven through officer observations or toxicology, you can be arrested and prosecuted. The key issue isn’t legality—it’s impairment.

What if I didn’t know the medication would impair me?

Lack of knowledge won’t stop a DUI charge. Even if this was your first time taking the drug or if no warning label was given, the law still applies. That said, your lack of awareness may be a powerful part of your defense strategy, especially if impairment can’t be clearly proven.

Does it matter if the drug is not a controlled substance under Florida Statutes § 893.03?

It matters, but not in the way people think. § 316.193 includes impairment by any substance—not just those listed in § 893.03. So even if your medication isn’t technically a controlled substance, you can still be charged if officers believe it impaired your normal faculties.

What is “actual physical control” and why does it matter in prescription DUI cases?

You don’t have to be driving to be arrested. If you’re in the driver’s seat with the keys accessible—even if the car is parked—you’re considered in “actual physical control” under Florida law. This comes up often in prescription DUI cases where someone is resting or waiting in their vehicle.

Can I lose my driver’s license for a DUI involving prescription drugs?

Yes. A conviction will trigger administrative and criminal penalties just like any other DUI. That includes license suspension, fines, probation, DUI school, and possibly jail time. A private attorney can often help you apply for a hardship license or fight to prevent a conviction in the first place.

Is a DUI for prescription drugs a criminal offense or just a traffic ticket?

It’s absolutely a criminal offense. A first-time DUI is a misdemeanor, but it still creates a permanent criminal record and carries serious penalties. Repeat offenses or cases involving injury or property damage can lead to felony charges.

Can I fight the charge if my toxicology came back positive for my prescription?

Yes. A positive test doesn’t prove impairment. Many drugs stay in your system long after their effects wear off. I work with toxicologists who can testify about how your dosage, timing, and medical use affect your body—and whether it lines up with the officer’s claims.

How soon should I hire a lawyer after a DUI arrest involving medication?

Immediately. The earlier you involve a private attorney, the more options you’ll have. I can act fast to request video, witness statements, and toxicology details before they disappear. Early action can mean the difference between a conviction and a case that gets thrown out.

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

If you’ve been arrested for DUI and you didn’t realize your medication could impair you, don’t wait and hope it blows over. What you do now makes all the difference.

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.