As a criminal defense attorney in Ponte Vedra Beach, we often get calls from confused and frustrated clients who say the same thing: “But it was my prescription! How can I be charged with DUI for taking medicine my doctor gave me?” It’s a common—and understandable—misconception.
Most Florida drivers know it’s illegal to drive under the influence of alcohol or illegal drugs, but far fewer realize that you can be charged with DUI for prescription drugs if it impairs your ability to drive safely.
Let’s walk through what you need to know about Florida law and how it applies to prescription drug use. Because being charged with DUI doesn’t mean you’re guilty—but it does mean you need to take it seriously.
Florida’s DUI Laws and Prescription Drugs
Under Florida Statute §316.193, you can be charged with DUI if you are “driving or in actual physical control of a vehicle” while “under the influence…to the extent that the person’s normal faculties are impaired.”
Notice how that language doesn’t mention alcohol specifically? That’s because Florida DUI law applies to any impairing substance, whether it’s illegal drugs, over-the-counter medication, or a perfectly legal prescription written by your doctor.
Some common prescription drugs that can impair your driving include:
- Opioids (e.g., oxycodone, hydrocodone)
- Benzodiazepines (e.g., Xanax, Valium)
- Sleep aids (e.g., Ambien, Lunesta)
- Muscle relaxants (e.g., Soma, Flexeril)
These medications affect your central nervous system and can slow reaction times, reduce coordination, and make it unsafe to operate a vehicle—even if taken exactly as prescribed.
How DUI for Prescription Drugs is Proven
So how do law enforcement officers determine whether you’re impaired by a prescription drug?
There are a few key tools they use:
1. Officer Observations
Police may pull you over for behaviors like swerving, driving too slowly, running a stop sign, or failing to stay in your lane. These driving patterns can trigger a DUI investigation—even if you haven’t had a drop of alcohol.
2. Field Sobriety Tests (FSTs)
Standardized tests like the walk-and-turn or the horizontal gaze nystagmus test are often used roadside to evaluate coordination and attention. But these aren’t always accurate when it comes to prescription drug impairment.
3. Drug Recognition Expert (DRE) Evaluations
Some officers receive advanced training as DREs. They conduct more detailed evaluations to assess drug impairment—checking your pupils, pulse, blood pressure, and balance.
4. Blood or Urine Tests
If police suspect drug use, they may request a urine or blood sample to identify any substances in your system. However, just having a prescription drug in your system is not enough for a conviction—prosecutors must still prove that your ability to drive was impaired.
Unlike alcohol, which has a legal limit of 0.08% BAC, there’s no legal threshold for prescription drugs. It all comes down to whether your “normal faculties” were impaired.
Common Scenarios That Lead to Prescription Drug DUIs
You might be surprised at how easily a DUI for prescription drugs can happen.
Here are a few situations I’ve seen over the years:
- Taking a higher dose than prescribed because pain was intense or sleep was elusive
- Combining medication with alcohol (even just one drink) or other substances
- Driving too soon after taking a new medication, before your body adjusts
- Using someone else’s medication, even with good intentions
Any of these can lead to noticeable impairment and land you in the back of a patrol car.
Penalties for DUI Involving Prescription Drugs in Florida
Unfortunately, the penalties for a DUI involving prescription medication are no different than for alcohol-related DUIs. Even if you were just trying to manage your pain or anxiety, the consequences can be serious.
You may face:
- Fines and court costs
- License suspension (minimum 6 months for a first offense)
- Probation or jail time
- Mandatory DUI school
- Ignition interlock device, especially for repeat offenders
- Community service
- Increased penalties if your impaired driving caused injury or death
If you’re a licensed professional—nurse, doctor, teacher, etc.—a DUI can also impact your career. For an overview of penalties, check out the Florida Department of Highway Safety and Motor Vehicles DUI penalties page.
Legal Defenses for Prescription Drug DUI Charges
Being charged does not mean you’ll be convicted. In many cases, I’ve successfully defended clients against DUI charges involving prescription drugs.
Here’s how:
- You weren’t actually impaired: The presence of a drug in your system doesn’t prove it affected your ability to drive.
- Testing errors: Blood and urine samples can be mishandled, contaminated, or tested incorrectly.
- The medication was taken as prescribed: If you followed your doctor’s instructions and impairment wasn’t clearly shown, that can support your defense.
- Challenging officer observations: Field sobriety tests are not foolproof—especially for people with medical conditions or disabilities.
- Disputing DRE evaluations: DRE testimony can be subjective and open to cross-examination.
A strong defense requires a deep understanding of both the law and the science behind drug impairment. That’s where we come in.
Steps to Take if You’re Charged with DUI for Prescription Drugs
If you’ve been arrested or charged, it’s critical that you take immediate steps to protect yourself.
Here’s what we recommend:
- Don’t talk to police or prosecutors without a lawyer. Even casual comments can be used against you later.
- Gather your medical records and prescriptions. This can help demonstrate that you were following legitimate medical advice.
- Avoid discussing the case on social media. Anything you post could become evidence.
- Call a DUI defense attorney as soon as possible. The earlier we get involved, the more options we have to challenge the evidence and protect your rights.
Protect Your Rights When Facing a Prescription Drug DUI in Florida
If you’ve been accused of DUI for prescription drugs, don’t make the mistake of assuming the court will go easy on you because the medication was legal. Florida takes all DUI charges seriously, and the penalties can affect every part of your life—from your driver’s license to your livelihood.
At Malcolm Anthony, P.A., I’ve been defending Florida drivers for over 30 years, and I understand how confusing and overwhelming a prescription drug DUI charge can be. You’re not alone—and you don’t have to figure this out on your own.
Call us today at (904) 285-4529 to schedule a confidential consultation. Let’s talk about what happened, review your options, and start building your defense. You took the medicine to feel better—not to break the law. Let’s make sure the court sees that.
