Florida DUI for Prescription Drugs: What You Need to Know

Many people in Florida mistakenly believe that a DUI charge only applies if you’ve been drinking alcohol. However, Florida law is much broader. You can absolutely be charged with Driving Under the Influence (DUI) even if your system contains no alcohol at all – and even if the substance impairing your driving was legally prescribed to you by a doctor.

At The Brancato Law Firm, P.A., we have extensive experience defending clients facing these serious charges. If you’re accused of a prescription drug DUI in Florida, here’s crucial information you need to understand.

Florida’s DUI Law Covers More Than Just 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 legal definition clearly includes impairment caused by substances other than alcohol. This means commonly prescribed medications can lead to a DUI arrest if they affect your ability to drive safely.

Common Prescription Medications Linked to DUI Arrests in Florida

Florida law enforcement officers are specifically trained to recognize signs of impairment caused by various substances, including legally prescribed drugs. Medications that frequently lead to DUI arrests for prescription drugs include:

• Opioid painkillers (like Oxycodone and Hydrocodone)
• Anti-anxiety medications (benzodiazepines such as Xanax and Valium)
• Sleep aids and sedatives (including Ambien and Lunesta)
• Stimulants prescribed for conditions like ADHD (Adderall, Ritalin)
• Certain antidepressants, mood stabilizers, antihistamines, and muscle relaxers that can cause drowsiness or affect coordination.

It’s critical to understand that you don’t need to be abusing or misusing these medications to face charges. An officer’s belief that your driving was impaired due to a drug in your system is sufficient grounds for arrest.

How Florida Police Investigate Prescription Drug DUI Cases

Investigating a DUI involving prescription drugs often differs from an alcohol-related DUI. These investigations commonly involve:

• Observations of your driving behavior (such as weaving, slow speed, or failure to stay within a lane).
• Requests to perform Field Sobriety Exercises (FSEs), which are designed to detect impairment but may not accurately reflect the effects of medication or account for underlying medical conditions.
• Gathering statements you make about taking any medications.
• Requesting chemical tests, such as urine or blood samples, to identify substances in your system.

Unlike alcohol DUI cases which have a set legal limit (BAC of 0.08%), there is **no specific legal limit** for prescription drug impairment in Florida. This means the prosecution heavily relies on subjective observations made by the arresting officer and the presence of the drug in your system via chemical testing.

Building a Strong Defense Against Prescription Drug DUI Charges

Facing a prescription drug DUI charge in Florida can be challenging, but these cases are often highly defensible. Effective defense strategies can include:

• **Challenging the initial traffic stop:** Was there lawful justification for the officer to pull you over?
• **Disputing Field Sobriety Tests:** Arguments can be made that the FSEs were improperly administered or that your performance was affected by factors other than impairment, such as medical conditions or fatigue.
• **Attacking the reliability of chemical test results:** Potential issues include errors in lab analysis, breaches in the chain of custody for samples, or arguing that the mere presence of a drug or its metabolites does not prove impairment at the time of driving.
• **Presenting a Medical Necessity Defense:** Demonstrating that you were taking a prescribed medication appropriately and that its therapeutic use did not, in fact, impair your normal faculties.
• **Utilizing expert testimony:** Consulting with toxicology experts can help explain to the court that the presence and level of a substance in your system don’t automatically equate to driving impairment.

Prescription drug DUI cases are medically and scientifically complex. They often require a sophisticated defense strategy tailored to the specific circumstances of your case.

Penalties for DUI Involving Prescription Drugs in Florida

The penalties for a conviction for **DUI based on prescription drug impairment** in Florida are the same severe penalties as those for alcohol-related DUIs. These can include:

• Mandatory jail time
• Significant fines
• Periods of probation
• Driver’s license suspension or revocation
• Mandatory DUI school and potentially substance abuse evaluation/treatment
• Requirement to install an ignition interlock device in your vehicle in certain cases

Beyond these direct legal consequences, a DUI conviction results in a **permanent criminal record**. This can have lasting negative impacts on your employment opportunities, professional licensing, insurance rates, and overall future.

Can You Be Convicted of DUI If You Had a Valid Prescription?

Yes, absolutely. This is a critical point to understand in Florida. **Having a lawful, valid prescription for a medication is not a legal defense** to a DUI charge if that medication impaired your ability to drive safely.

Florida law focuses on whether your “normal faculties” were impaired by *any* substance, including prescription drugs, while you were driving or in actual physical control of a vehicle. Even if you took the medication exactly as prescribed, you can still be charged and convicted if the state can prove it caused impairment.

Why a Skilled Florida Prescription Drug DUI Lawyer is Essential

Defending against DUI charges involving prescription medications is often more complex than defending against alcohol DUIs. These cases demand a lawyer with specific knowledge and experience, including:

• A solid understanding of toxicology, pharmacology, and how different medications affect the body.
• Proven experience challenging chemical test results and evidence presented by the prosecution.
• The ability to effectively cross-examine law enforcement officers and forensic lab technicians.
• Familiarity with potential medical defenses and established relationships with qualified medical and toxicological expert witnesses.

At The Brancato Law Firm, P.A., we possess the specific legal knowledge and technical understanding required for these complex cases. We know how to identify potential flaws in the prosecution’s evidence and build a robust defense aimed at protecting your rights and achieving the best possible outcome.

Facing Prescription Drug DUI Charges in Florida? Contact The Brancato Law Firm Today

If you or a loved one has been arrested or is facing DUI charges involving prescription medications in Florida, you need experienced legal representation immediately. The defense required in these cases is intricate and demands a lawyer who understands the science and the law.

Call The Brancato Law Firm, P.A. today at (813) 592-8981 for a confidential case evaluation. You can also complete our secure online contact form to schedule your consultation.

We are prepared to aggressively defend your rights, your freedom, and your future with the dedicated legal skill and tenacity your prescription drug DUI case requires.

For more information, visit our main Tampa DUI Lawyer page.