Can Prescription Medications Cause a DUI Charge in Florida?

May 23, 2025

Even if Your Medication Is Legally Prescribed, You Could Still Face DUI Charges in Florida — Here's What You Need to Know

As a Florida criminal defense attorney, I often hear people ask, "Can I really be charged with a DUI just because I'm on prescription medications?" The short answer is yes — it's possible, even if the medication is legally prescribed to you. But the long answer is more nuanced and depends on several factors, including the specific medications involved, the amount taken, and whether or not your ability to drive was impaired.

In Florida, DUI charges aren't just about alcohol. Florida Statutes § 316.193 clearly states that driving under the influence of any controlled substance — even prescription drugs — can lead to criminal charges if your ability to operate the vehicle is impaired.

As someone who's represented many clients in similar situations, I want to break down how prescription drugs can lead to DUI charges, the defenses available, and why it's essential to have a private attorney if you find yourself in this situation.

Florida Statutes on DUI and Prescription Medications

Florida Statutes § 316.193 states that a person can be convicted of DUI if they are driving or in actual physical control of a vehicle while impaired by alcohol, a controlled substance, or any substance listed under Chapter 893 of Florida law, which regulates controlled substances.

Specifically, § 316.193(1)(a) 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 within this state, and the person 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."

The law doesn't distinguish between illicit drugs and prescription medications. If a law enforcement officer believes your ability to drive has been impaired by legally prescribed medication, you could be arrested and charged with DUI, even if you've followed your doctor's instructions.

How Prescription Medications Can Lead to DUI Charges

Prescription medications can cause DUI charges if they impair your normal faculties — this includes your ability to drive, react quickly, and make sound decisions. It's not just about alcohol, and impairment isn't limited to illegal substances. In fact, drugs that are legally prescribed can still impair your motor skills, reaction time, vision, and judgment — all the things needed for safe driving.

Some of the most common medications that can impair your ability to drive include:

Benzodiazepines (e.g., Xanax, Ativan, Valium)
Opioids (e.g., Oxycodone, Hydrocodone, Morphine)
Antidepressants (e.g., Zoloft, Lexapro, Prozac)
Sleep aids (e.g., Ambien, Lunesta)
Muscle relaxants (e.g., Soma, Flexeril)
Cold medications (e.g., Benadryl, Nyquil)

These medications, even when used as prescribed, can make you feel drowsy, lightheaded, or slow to react — all of which can be signs of impairment.

Florida law enforcement officers, particularly those trained as Drug Recognition Experts (DREs), are trained to identify signs of impairment from prescription drugs, which is why you can still be arrested for DUI even if you weren't drinking alcohol. However, just because an officer arrests you doesn't mean you're guilty.

What Are the Defenses to Prescription Drug DUI Charges in Florida?

If you've been arrested for DUI based on prescription drug use, there are several defenses that can be raised to fight the charges:

1. Lack of Impairment

The most critical defense is that you were not impaired by the prescription medication. The fact that you were prescribed the drug is an essential part of your defense. For example, you may have been taking your medication as directed and were not impaired in your ability to drive.

2. The Medication Was Legally Prescribed

Under Florida Statutes § 893.13, if the drug was prescribed to you by a licensed physician, that prescription can serve as a defense to the charge. However, you still need to show that you followed your doctor's instructions and that the drug did not impair your ability to drive.

3. Medical Condition or Side Effects

Sometimes, what seems like impairment from a drug is actually due to an underlying medical condition or the side effects of the drug. A private attorney can help you bring in medical experts to show that any impairment wasn't due to the drug itself but was a symptom of another condition, such as low blood sugar, fatigue, or anxiety.

4. Improper Testing Procedures

If the blood or urine tests used to determine your drug levels were not handled correctly, it may be possible to challenge the results. Whether it's contamination of the sample, improper handling, or delay in testing, these procedural mistakes can undermine the prosecution's case.

5. Faulty Drug Recognition Expert (DRE) Evaluation

Drug Recognition Experts (DREs) are often used to evaluate impairment in cases involving prescription drugs. However, DRE evaluations are subjective and can be challenged. For example, a DRE may have misinterpreted symptoms that were caused by a medical condition rather than drug impairment. I've had success in defending clients by questioning the reliability and accuracy of DRE evaluations in court.

Real-Life Example: A Case I Won

Let me share an example of a case where I successfully defended a client arrested for DUI based on prescription medication.

Case Facts:

My client, a 40-year-old man, was pulled over after a minor traffic violation. He wasn't speeding, but the officer noted he was driving in a slightly erratic manner. When the officer approached, my client was asked about his medication. He admitted to taking Xanax earlier that day to manage anxiety, and the officer immediately suspected drug impairment.

The officer didn't perform a breathalyzer test, but instead, a DRE was called to assess the situation. After a series of evaluations, the DRE concluded that my client appeared to be impaired, even though he had a valid prescription for Xanax. The officer also took a blood sample to confirm the presence of the medication in his system.

Upon reviewing the case, I pointed out several weaknesses:

The DRE's training and experience were questionable. The expert was not sufficiently familiar with the side effects of Xanax or how anxiety itself could mimic signs of impairment.
My client followed his doctor's instructions precisely and showed no signs of significant impairment.
The blood test confirmed the presence of Xanax, but the levels were low, well below what would typically indicate impairment.

I worked with a medical expert to explain how anxiety could cause symptoms similar to those of impairment, such as sluggishness and dry mouth, and we argued that my client was not impaired by the medication. The judge ruled in our favor, and the DUI charge was dropped.

This is why hiring a private attorney matters. I took the time to examine the DRE's evaluation, the medical records, and the blood test results to build a solid defense.

Why You Need a Private Attorney for Prescription Drug DUI Cases

If you've been charged with DUI after taking prescription medication, you may be facing serious consequences. DUI convictions in Florida carry severe penalties, including fines, license suspension, mandatory DUI school, and even jail time for repeat offenders. But don't think that just because you were on prescribed medication, the case is cut and dry.

As a private attorney, I can help you:

Challenge the DRE evaluation – I review the details of the officer's assessment and the specific medications involved.
Question the blood test results – If the test wasn't handled correctly, I can challenge the evidence.
Consult medical experts – I work with doctors and pharmacologists who can testify about the specific effects of your prescription medication.
Highlight flaws in the prosecution's case – I can show inconsistencies or weaknesses in the officer's report or the DRE's testimony.

Having a private lawyer means you're not relying on a public defender who may not have the resources to fully investigate your case. I give you the personal attention and thorough legal analysis needed to protect your rights.

If you've been arrested for DUI after taking prescription medication, don't wait. Your future is too important.

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.

FAQs on DUI and Prescription Medications in Florida

Can I be charged with DUI in Florida if I'm taking prescription medication?

Yes. If you are impaired by prescription drugs while driving, you can be charged with DUI in Florida, even if the medication was prescribed to you by a doctor. Florida law focuses on impairment, not the legality of the drug.

What medications can lead to a DUI charge in Florida?

Prescription medications like Xanax, Oxycodone, Valium, Ativan, and Ambien are commonly linked to DUI charges. Even over-the-counter drugs, like Nyquil, can cause impairment and lead to DUI charges. It's important to understand how these medications can affect your ability to drive.

Can I use the fact that I have a prescription as a defense?

Yes, you can use the fact that you were prescribed the medication as part of your defense. However, you still need to prove that you were not impaired by the medication at the time of driving. If you followed your doctor's instructions and were not impaired, this can be a strong defense.

How can a private attorney help in a prescription drug DUI case?

A private attorney can review the specifics of the DRE evaluation, challenge the blood or urine test results, consult with medical experts, and ensure your rights are protected during the legal process. Private attorneys have the resources and time to build a strong defense tailored to your situation.

What happens if I refuse a blood test in a prescription drug DUI case?

Refusing a blood test can result in a license suspension under Florida's implied consent law. However, refusing the test also means the prosecution may not have concrete evidence of impairment, which can help your defense. Always consult with an attorney before making decisions about test refusals.

Can a prescription drug DUI charge be expunged or sealed in Florida?

In some cases, it may be possible to have a DUI record expunged or sealed, but it depends on whether you were convicted. If you were acquitted or the charges were dismissed, expungement may be an option. A private attorney can help guide you through the process.

Call Musca Law 24/7 at 1-888-484-5057 For Your Free Consultation