If you or a loved one gets charged with DUI for prescription medications in Florida, you could face repercussions as severe as those usually reserved for driving under the influence of alcohol. From fines to license suspension and even jail time, these are some of the things that can happen following a DUI charge.
Understanding the DUI legal process for prescription-related cases is more crucial than ever, considering that more Americans now rely on these medications.
According to a CivicScience study, for instance, the latest data shows that 68% of Americans take at least one prescription daily, up from 2023’s 67%. Over one in four (26%) say they now even take 4+ prescriptions daily.
The team at RHINO Lawyers will share valuable insights into prescription drugs and DUI to help you protect your legal rights.
Can You Get a DUI for Prescription Drugs?
Yes. A Florida prosecutor can charge you with DUI for prescription drugs, even if you must take them for your health and have a valid prescription.
The primary reason that you can get charged with prescription medication-related DUI is that these drugs, even if taken legally, can impair one’s ability to operate a motor vehicle safely and correctly.
As the U.S. Food and Drug Administration says, some medicines can cause side effects that make driving unsafe. Examples include:
- Drowsiness
- Sleepiness
- Dizziness
- Blurred vision
- Impaired or slowed movement
What Medications Disqualify You From Driving?
Drugs that can “disqualify” you from driving and lead to a DUI charge are those that can interfere with the physical, mental, and observational abilities you need to drive safely. The AARP says these prescription and OTC drugs include:
- Anti-anxiety medications like alprazolam, lorazepam, and diazepam
- Pain relievers like oxycodone and hydrocodone
- Some antidepressants like amitriptyline and nortriptyline
- Antihistamines, including hydroxyzine and diphenhydramine
- Anti-seizure medications
What Happens If You Get Charged With DUI for Prescription Medications?
Alcohol or illicit drugs are not the only ways a Floridian can face a DUI charge. The offense can also constitute driving under the influence of prescription drugs under Florida Statute 316.193.
There’s no distinction between illegal drugs and prescribed medications; if it impairs one’s ability to drive safely, it is DUI.
Some of the consequences of a DUI charge related to prescription drugs include:
- Fines, which can range from $500 to $1,000 for a first offense, $1,000 to $2,000 for a second offense, and up to $5,000 for a subsequent offense
- Mandatory community service
- Imprisonment
- Driver’s license suspension (revocation for subsequent offenses)
In many cases, the law may also require completing a DUI education program for individuals convicted of DUI in Florida. They may also have to install a vehicle ignition interlock device.
What Are Your Legal Rights for DUI Related to Prescription Medications?
Anyone arrested for DUI in Florida has the right to remain silent. Another is the right to refuse field sobriety tests.
What is now outside your legal right is refusing a lawful request for a breath or urine test.
As WFTV 9 reports, as of October 2025, it’s now illegal to do so following a DUI arrest, per the new law known as “Trenton’s Law.” Under this law, refusing breathalyzer tests is now a criminal offense.
What Are Possible Prescription-Related DUI Defense Strategies?
If you or a loved one is taking prescription medications and you’re facing a charge for DUI, your first step should be to contact a criminal defense attorney.
Remember: You can face the same harsh consequences enforced on typical alcohol-related DUI cases even if you haven’t had any alcoholic drinks.
Your DUI attorney will carefully review your case and the circumstances surrounding it to determine the best course of action and potential defense strategies. Depending on what happened, they may use the following methods.
Questioning the Validity of the Arrest and Charge
One of the first steps that your DUI lawyer will likely take is to see if they can challenge the stop and investigation that you or your loved one underwent. They’ll review and question the following:
- Whether the initial traffic stop was even valid
- The training and experience of the law enforcement officer in drug recognition
- If the officer administered and interpreted the results of the tests correctly
Using Expert Testimony and Medical Records
Your DUI lawyer will work with medical and health professionals to build a solid defense case. They’ll speak to your doctor, other physicians, and pharmacological experts to learn more about:
- The prescription medications you were on when you got arrested or charged
- The expected effects of the medicines
- How your prescription drugs work in and affect your body
- Your prescription medication history and tolerance
Your lawyer will also likely reach out to toxicology experts. Their goal is to determine if there’s a case for challenging your blood or urine tests.
Frequently Asked Questions
Is It Possible to Win a DUI Related to Prescription Medications?
Yes, you can win a prescription drug-related DUI. At the very least, you can have it brought down to a lesser charge.
Can You Win a DUI Charge Without a Lawyer?
It’s possible, but know that fighting on your own will be challenging.
The primary reason is that you must prove you weren’t driving while impaired and that you have a valid prescription. You must also provide evidence that you took the medicine as prescribed.
Why Should You Hire a DUI Lawyer?
Remember: Your freedom and future are on the line if you’re facing a DUI charge, even if it occurred as a result of a prescription medication and not alcohol or illicit drugs. A highly experienced defense attorney can help protect and fight for your rights.
Given that DUI lawyers have the training, knowledge, skills, and experience in these matters, hiring one is your best option.
Let RHINO Lawyers Fight for Your Rights
From hefty fines to license suspension, and even imprisonment, these are just some of the harsh consequences of DUI for prescription medications in Florida.
You don’t have to face everything on your own and put your life and freedom on the line. Let the experienced DUI lawyers at RHINO Lawyers assist you. We’ve won hundreds of cases for many of our clients who faced similar situations.
Call us today for a free instant case evaluation. With our 24-hour hotline, you can rest assured that someone will listen to you.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
