Can Prescribed Medications Lead to a DUI Charge in Florida?

by The Kirlew Law Firm Miami Criminal Defense Attorney

When people hear the word "DUI" (short for Driving Under the Influence), their minds usually go straight to alcohol. But in Florida, DUI also includes drugs, even prescribed medications. That's right—even if your doctor has prescribed you medication, it could still lead to a DUI charge if it affects your driving ability. Let's discuss this topic further and understand how a Miami DUI lawyer can help in such a situation.

What constitutes DUI in Florida?

In Florida, you can be charged with a DUI if you drive under the influence of alcohol, drugs, or both. But how does the law define being "under the influence"? For a drug-related DUI conviction in Florida, these two conditions must be met:

You should either be driving or be in a position where you could easily drive—for example, if you are sitting in the driver's seat with the key in the ignition and the car running.
You should be under the influence of a "controlled substance" or a "harmful chemical."
Your normal faculties must be impaired to the extent that it affects your ability to safely operate a motor vehicle.

Medications and Florida's DUI laws

While drugs like cocaine, heroin, methamphetamine, fentanyl, and cannabis are obviously illegal and affect someone’s ability to drive, some everyday prescriptions also fall into the category of controlled substances and are covered under DUI laws. Prescribed medications like Adderall, Ritalin, Hydrocodone, Methadone and Phenylephrine are also considered controlled substances.

It is a surprise to many that medications prescribed by a doctor can result in a DUI charge. This is because some prescribed medicines like pain relievers or even medical marijuana can affect your ability to drive safely.

What happens if you are charged with a DUI in Florida?

The penalties for a DUI charge resulting from prescribed medications are as severe as those for alcohol-related DUIs.

In Florida, first-time offenders can be charged with a misdemeanor. This can mean up to nine months in jail, a fine of up to $1,000, and suspension of driving license for six months to a year. It is worth mentioning that, unlike alcohol, there is no "legal limit" for driving under the influence of prescription medications. Even a trace amount of drug in your system can land you a DUI charge.

How can an attorney help?

If you are facing a DUI charge in Florida due to a prescribed medication, it is crucial to have legal help. The law around this can be tricky, and the process can be overwhelming. This is where a Miami criminal defense attorney, especially one specializing in DUIs, comes in.

Experienced attorneys know the Florida legal system well. They can look at all the evidence, question how tests were done, and make strong arguments on your behalf.

For example, there could have been mistakes in how the drug tests were administered or how you were arrested. Or maybe the medication you take does not usually cause impairment. A knowledgeable attorney will identify and use these points to help your case.

Contact The Kirlew Law Firm!

Florida's stance on DUIs is strict, and the consequences of a conviction can be severe. Should you ever face these charges, it is crucial to get legal assistance as soon as possible. By working with a trustworthy law firm in Miami, like the Kirlew Law Firm, you will have a team well acquainted with Florida's judicial system, working diligently to protect your rights. Contact the Kirlew Law Firm for a free phone consultation today! Call us at 305.521.0484.