Why You Need a Florida DUI Defense Attorney if You're Facing Prescription Drug DUI Charges
Many people don't realize that a DUI in Florida isn't limited to alcohol. If you're pulled over after taking prescribed painkillers, like oxycodone, hydrocodone, or other opioids, you can be arrested and charged just like someone who's had too much to drink. Florida law allows DUI charges when a person is "under the influence of alcoholic beverages, any chemical substance... or any controlled substance" and their normal faculties are impaired. That includes legally prescribed medications.
This type of charge often shocks good people who never expected to be in handcuffs. Maybe you're recovering from surgery, managing chronic pain, or taking a prescription after a dental procedure. If law enforcement suspects impairment, they won't care whether the medication was legally prescribed. And once the process starts, arrest, booking, license suspension, the system can feel overwhelming.
This is where I come in. As a Florida DUI defense attorney, I know exactly how prosecutors pursue these cases and how to push back when the stop, arrest, or testing procedures were flawed. And trust me, they often are.
Body Camera Footage Can Make or Break a Prescription Drug DUI Case
In a DUI case involving painkillers, body cam footage is often one of the first things I request. Why? Because the officer's perception of your impairment can be completely different than what actually happened. Officers may claim you were "drowsy" or "slurring," but the video often tells a different story. I've seen footage where my client was calm, articulate, and cooperative—yet still arrested.
In one case, a woman in Tampa was pulled over for a minor lane violation. She had taken her prescribed hydrocodone earlier in the day and wasn't showing any signs of impairment. The officer insisted she seemed "off" and arrested her. When I reviewed the body cam footage, it was clear she followed every instruction during the field sobriety exercises and was fully aware of her surroundings. The footage showed the officer pushing the case forward without probable cause. I got the case dismissed before trial.
That's why private representation matters. Public defenders rarely have time to dig into footage early enough. I make sure every second of body cam is reviewed—because it often becomes the strongest evidence in your defense.
Field Sobriety Exercises Are Often Unreliable in Drug DUI Cases
Unlike alcohol DUI cases, there's no breathalyzer to estimate the presence of painkillers. Officers often rely on field sobriety exercises, like the walk-and-turn or one-leg stand. But these tests were developed to detect alcohol impairment—not the effects of pain medications.
Painkillers can cause side effects like drowsiness or slower reflexes, but so can fatigue, dehydration, or physical injuries. These tests become even less reliable if you're older, overweight, or have joint or balance issues.
In one Polk County case, my client was recovering from back surgery and was pulled over for speeding. The officer had him perform field sobriety tests on the roadside—even though my client told him he was in pain. The officer claimed "swaying" and "inability to balance," and arrested him. I filed a motion to suppress the results, citing Florida case law that protects against faulty testing when a suspect has medical limitations. The charge was reduced to a civil infraction, and my client kept his license.
This is exactly the kind of result I fight for. Without a private attorney who understands the science behind these flawed tests, you risk being convicted based on junk evidence.
Unlawful Traffic Stops in Prescription DUI Cases Are More Common Than You Think
Many of these cases start with a questionable traffic stop. Maybe you drifted in your lane, missed a signal, or made a wide turn. These minor infractions don't justify a DUI investigation unless the officer can show reasonable suspicion of impairment.
Under Florida law, an officer must have a legitimate reason to stop your vehicle. And if that stop is deemed unlawful, everything that follows—including the DUI arrest—can be thrown out.
I recently defended a man in Sarasota who was pulled over late at night after work. The officer claimed he failed to maintain a single lane, but dash cam footage showed otherwise. The man admitted to taking prescribed oxycodone hours earlier but showed no signs of impairment. I filed a motion challenging the stop as unconstitutional under the Fourth Amendment and Florida law. The judge agreed. The entire case was dismissed.
That's the power of having an experienced DUI defense attorney on your side from the beginning. I review dash cam footage, arrest reports, and field notes to uncover violations of your rights—before those violations result in a conviction.
What Florida Law Says About Prescription Medication DUIs
Florida Statute §316.193 defines DUI as operating a vehicle while under the influence of alcoholic beverages, chemical substances, or controlled substances, to the extent your normal faculties are impaired. Painkillers like oxycodone and hydrocodone fall under this definition—even when legally prescribed.
The statute doesn't require you to be over a "limit" like alcohol-related cases. That makes painkiller DUIs highly subjective and dependent on officer observations and field sobriety test results. Prosecutors will often argue "totality of circumstances," even when there's no solid evidence of impairment.
This means your case could hinge on one officer's opinion—unless we challenge it.
Possible Penalties If Convicted
A conviction for a first-time DUI, even for painkillers, can bring serious consequences:
- Up to 6 months in jail
- Up to 1 year of probation
- Fines between $500–$1,000
- License suspension for 6–12 months
- Mandatory DUI School
- Ignition interlock device (in some cases)
- Community service and vehicle impoundment
And if there's a crash, injury, or prior DUI conviction, the penalties increase dramatically.
But with the right legal strategy, these outcomes are not inevitable. Many of my clients have had charges reduced to reckless driving or dismissed entirely after I uncovered constitutional violations or challenged unreliable test procedures. These results are possible—but only if you act early.
What Defenses Apply in a Florida DUI Involving Painkillers?
Every case is different, but here are some of the defenses I've successfully used for clients facing DUI charges after taking prescribed medication:
- Unlawful Traffic Stop: If the stop wasn't based on probable cause or reasonable suspicion, the entire case may be dismissed.
- Improper Field Sobriety Testing: Medical conditions, fatigue, or even nerves can make these tests unreliable. I bring in medical records and experts to prove this.
- No Actual Impairment: Painkillers in your system don't mean you're impaired. I've challenged toxicology results and exposed officer bias.
- Lack of Probable Cause for Arrest: Just having a prescription bottle in your car is not proof of impairment. I make prosecutors prove their case beyond a reasonable doubt.
- Body Cam Contradictions: Video often contradicts the arrest narrative. I highlight inconsistencies to undermine the officer's credibility.
Without an attorney who understands these defenses and how to apply them early, you're risking a conviction based on speculation.
Why You Shouldn't Rely on a Public Defender
Public defenders in Florida are often talented attorneys—but they're overworked and under-resourced. In a complex DUI case involving painkillers, you need time-intensive investigation, expert witnesses, and aggressive motion practice.
I personally handle every stage of the case—from obtaining the footage and lab reports to arguing motions in court. That's what private representation gives you: time, strategy, and individual attention.
Florida DUI Defense Attorney Frequently Asked Questions
Can I be charged with DUI even if I have a prescription?
Yes. Florida law does not exempt drivers from DUI charges simply because the drugs were legally prescribed. If law enforcement believes your ability to drive was impaired, you can be arrested—even with a valid prescription. The key question is whether your "normal faculties" were impaired while driving, not whether the medication was legally obtained.
What should I do if I'm pulled over while on pain medication?
Be respectful, provide your license and registration, and avoid making any statements about what medications you've taken. You're not legally required to perform field sobriety tests, and in many cases, politely refusing them can help your defense. Ask if you're free to leave. If you're arrested, call a Florida DUI defense attorney immediately.
How does the state prove impairment from painkillers?
In painkiller DUI cases, prosecutors rely on officer observations, field sobriety test performance, and sometimes urine or blood test results. However, these are often flawed. There's no exact measurement for impairment like a breathalyzer for alcohol. Much of the case rests on interpretation, which can be challenged.
Can I lose my driver's license if I'm charged?
Yes. Even before your case goes to court, the Florida Department of Highway Safety and Motor Vehicles can suspend your license. You only have 10 days to request a formal review hearing to challenge the suspension. This is separate from your criminal case and must be handled immediately.
What's the difference between DUI and reckless driving in Florida?
Reckless driving is a lesser charge that doesn't carry the same stigma or penalties as DUI. In many cases, I negotiate a plea to reckless driving with a withhold of adjudication, which means no criminal conviction appears on your record. This can protect your job, license, and future.
Can body cam footage really help my case?
Absolutely. I've had multiple cases dismissed or reduced after showing that the arresting officer's report didn't match the video evidence. Body cam footage can show whether you were slurring, stumbling, or behaving normally. When there's a disconnect between what the officer writes and what's on video, it creates reasonable doubt.
What happens if I refuse a urine or blood test?
Under Florida's implied consent law, refusing a chemical test can result in an automatic license suspension. However, it can also limit the prosecution's evidence in court. Depending on your history and the specifics of the case, refusal may or may not help your defense. I evaluate this on a case-by-case basis.
Why hire a private attorney instead of pleading guilty?
A DUI conviction carries long-term consequences—including jail, license suspension, higher insurance premiums, and a criminal record. A private DUI defense attorney can fight for dismissal, reduced charges, or alternative sentencing that public defenders often don't have time to pursue. The cost of pleading guilty without a fight is often far greater than hiring a defense lawyer.
Florida DUI Defense Attorney Call to Action
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you've been charged with DUI after taking prescription painkillers, you need a defense team that knows how to expose weak evidence, challenge unlawful stops, and fight for your future. 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 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.