DUI for Prescription Drugs in Florida: What You Need to Know

DUI for Prescription Drugs in Florida

Many people assume DUI charges only apply to drunk driving. In Florida, that is a dangerous misconception. Under Florida law, you can be charged with DUI even if you have not consumed a single drop of alcohol — and even if the substance in your system was legally prescribed by a doctor.

At The Brancato Law Firm, P.A., we have extensive experience defending clients charged with DUI involving prescription drugs. Here’s what you need to know if you are facing these serious charges.

Florida’s DUI Law Covers More Than Alcohol

Under Florida Statute 316.193, a person can be convicted of DUI if they are:

• Driving or in actual physical control of a vehicle, and

• Under the influence of alcoholic beverages, any chemical substance listed in Florida Statute 877.111, or any controlled substance under Chapter 893,

• To the extent that their normal faculties are impaired.

This includes:

• Prescription painkillers (Oxycodone, Hydrocodone)

• Anxiety medications (Xanax, Valium)

• Sleep medications (Ambien, Lunesta)

• ADHD medications (Adderall, Ritalin)

• Antidepressants and mood stabilizers

Even properly taken prescription drugs can lead to a DUI arrest if law enforcement believes you were impaired.

Common Prescription Drugs That Lead to DUI Arrests

Florida law enforcement officers are trained to watch for signs of impairment from:

• Opioid painkillers

• Anti-anxiety medications (benzodiazepines)

• Sleep aids (sedatives)

• Stimulants (amphetamines)

• Antihistamines or muscle relaxers that cause drowsiness

You do not have to be abusing or misusing these medications to be arrested. All it takes is an officer’s belief that your driving was impaired.

How Police Investigate DUI Involving Prescription Drugs

DUI investigations for prescription drugs often involve:

• Observations of driving behavior (weaving, slow driving, failure to maintain lane)

• Field sobriety exercises (which may not fairly account for medical conditions)

• Statements made by the driver about medications

• Requests for urine or blood samples to detect substances

Unlike alcohol DUIs, there is no legal limit for prescription drug DUI cases. Officers and prosecutors rely heavily on subjective observations and chemical testing.

Challenges to Prescription Drug DUI Cases

DUI charges based on prescription drugs are often defensible. Common strategies include:

• Questioning the legality of the stop: Was there reasonable suspicion to pull you over?

• Challenging field sobriety tests: Were they fairly administered given your medical conditions?

• Attacking urine or blood test reliability: Lab errors, chain of custody problems, or passive presence (metabolites) can create defenses.

• Medical necessity defenses: Showing that therapeutic use of a medication did not impair normal faculties.

• Consulting toxicology experts: To explain that presence of a substance does not prove impairment.

Prescription drug DUI cases are highly technical — and often winnable with the right defense.

Penalties for DUI Involving Prescription Drugs

The penalties for a DUI based on prescription drug impairment are the same as for alcohol DUIs:

• Jail time

• Fines

• Probation

• Driver’s license suspension

• DUI school and substance abuse counseling

• Ignition interlock device in some cases

A conviction also results in a permanent criminal record that can affect employment, professional licenses, insurance, and more.

Can I Be Convicted If I Had a Valid Prescription?

Yes.
Having a lawful prescription is not a defense to DUI in Florida.

The issue is not whether the substance was legally obtained — it is whether it impaired your ability to drive safely.

Even perfectly legal and properly used medications can result in DUI charges if your normal faculties were impaired.

Why You Need a Skilled DUI Lawyer for Prescription Drug Cases

Prescription drug DUIs are more complicated than alcohol-based DUIs. They require:

• Knowledge of toxicology and pharmacology

• Experience challenging chemical evidence

• Ability to cross-examine police officers and lab technicians

• Familiarity with medical defenses and expert witnesses

At The Brancato Law Firm, P.A., we know how to expose the weaknesses in the government’s case and fight aggressively to protect your rights.

Facing DUI Charges for Prescription Drugs? Contact The Brancato Law Firm Today

If you are facing DUI charges involving prescription medications, you need a defense that is as sophisticated as the case against you.

Call The Brancato Law Firm, P.A. at (813) 592-8981 or complete our confidential online form to schedule a case evaluation today.

We are ready to defend your rights — and your future — with the knowledge, skill, and tenacity your case demands.

Tampa DUI Lawyer