Can You Get a DUI for Driving Under Prescription Medication?
Driving after taking prescription medication might seem harmless. You may think, "It's my doctor's prescription, so it must be fine." However, some medications can impair your driving just like alcohol, and law enforcement takes this issue very seriously. Facing charges in such situations can be confusing, especially when you were simply following your doctor's advice. But you don’t have to deal with this situation alone.
From my offices in Orlando and West Palm Beach, my law firm - Marquez Law - provides legal assistance across Central Florida—including Orange County, Osceola County, and Seminole County—as well as South Florida, including Palm Beach County and Broward County.
I’m here to guide you through what driving under prescription medication means legally and to help you protect your rights. Reach out to me if you need advice or representation in DUI/DWI matters.
How Prescription Medications Can Affect Driving
Prescription medications are designed to treat health conditions, but some have side effects that can impact your ability to operate a vehicle safely. These effects vary depending on the medication type, dosage, and your personal response.
Common ways medications can impair driving include:
Drowsiness or fatigue: Many painkillers, anti-anxiety medications, and sleep aids can make you feel sluggish or reduce your reaction time.
Dizziness or lightheadedness: Some blood pressure medications, antihistamines, and anti-nausea drugs can cause balance issues or fainting spells.
Blurred vision or delayed reflexes: Certain antidepressants, muscle relaxants, or seizure medications can affect coordination and the ability to focus on the road.
Confusion or impaired judgment: Medications affecting the nervous system can slow decision-making, making it harder to respond to hazards.
Even if you follow the prescription instructions exactly, you can still face DUI charges if law enforcement determines that your driving is impaired. Understanding how Florida law treats prescription-related impairment is critical for your defense.
Florida Law on Prescription Medication and DUI
Florida law doesn’t distinguish between alcohol and drugs when it comes to driving impairment. A DUI in Florida can result from alcohol, illegal drugs, or even prescription medication if your ability to drive safely is impaired.
Key points include:
Impairment matters more than legality: You don’t have to be taking an illegal substance to be charged. If a prescribed medication affects your coordination or judgment, officers can charge you with DUI.
No specific dosage threshold: Unlike blood alcohol concentration (BAC) limits for alcohol, Florida doesn’t have a set limit for prescription drugs. Law enforcement can consider any amount that impairs your driving.
Medical prescriptions don’t automatically protect you: Having a prescription doesn’t prevent a DUI charge if your driving is impaired. Documentation of your prescription may help in court, but it’s not a guaranteed defense.
Because prescription medication DUI cases can involve both legal prescriptions and impairment assessments, they often require careful legal review. I can analyze your situation, the medication involved, and the officer’s observations to build a defense strategy tailored to you.
What Happens If You’re Charged With DUI on Prescription Medication
Facing a DUI charge for prescription medication can have serious consequences, including fines, license suspension, and even jail time. Law enforcement typically evaluates impairment using field sobriety tests, observations, and sometimes chemical tests, such as blood or urine analysis.
Typical steps in a prescription DUI case include:
Traffic stop and assessment: Officers will look for signs of impairment, such as swerving, slow reaction times, or unusual behavior.
Field sobriety tests: You may be asked to perform tests like walking a straight line or following a moving object with your eyes.
Chemical testing: Blood or urine tests may detect prescription medication. Even legal prescriptions showing in your system can support a DUI charge if impairment is evident.
Arrest and charges: If impairment is observed, you can be arrested and charged with DUI, just as with alcohol or illegal drugs.
Because these cases involve both medical and legal analysis, working with a DUI/DWI attorney is essential. I can review your medications, test results, and the circumstances of your stop to help identify potential defenses and advocate for a fair outcome.
Possible Defenses in Prescription DUI Cases
While prescription DUI cases are serious, there are defense strategies that may reduce or challenge the charges. Each case depends on the facts, including the specific medication, your condition, and the officer’s observations.
Potential defenses include:
Proper use of medication: Demonstrating that you took the medication exactly as prescribed and that impairment could be minimal or unprovable.
Medical condition affecting performance: Demonstrating that observable symptoms were the result of an underlying condition, not impairment.
Errors in testing or procedure: Challenging the reliability of field sobriety tests, blood test results, or potential chain-of-custody errors.
Lack of impairment evidence: Arguing that the officer did not have sufficient cause to determine you were impaired, even if medication was present.
I understand how prescription medications interacting with legal standards can make a significant difference. I can gather expert testimony, review medical records, and challenge the evidence to protect your rights.
Find Support With a DUI/DWI Attorney
Facing a DUI for driving under prescription medication can be frightening. It’s easy to feel like you’re in a situation with no clear path forward, especially if you were taking your medication responsibly. I know how stressful it can feel to see your future and freedom at risk. At Marquez Law, I work with clients in Orlando and West Palm Beach, Florida, as well as throughout Central and South Florida—including Orange, Osceola, Seminole, Palm Beach County, and Broward County—to defend their rights and guide them through the legal process.
If you or someone you know is facing charges for driving under prescription medication, don’t wait. Reach out to my firm for experienced guidance and approach this challenge with confidence and clarity.
