DUI With Drugs in Florida: When Prescription Medication Becomes a Charge

In Florida, a DUI can be based on impairment by a chemical or controlled substance, not only alcohol. A valid prescription is not a defense if the medication impaired the driver's normal faculties, so lawful medicine can still lead to a DUI charge.

Why a prescription does not settle the question

Florida's DUI law covers impairment of normal faculties by alcohol or by a chemical or controlled substance. That reaches prescription medication as well as illegal drugs. Taking a medication as prescribed is lawful, but driving while it impairs normal faculties can still be charged as DUI.

The central question in a prescription case is therefore impairment, not legality. The prescription can explain why a substance was in the person's system; it does not answer whether the person's faculties were impaired while driving.

How officers investigate suspected drug impairment

When drugs are suspected, the investigation may involve a DRE, an officer trained in a 12 step evaluation used for suspected drug impairment. The evaluation ends with the officer's opinion about whether the person was impaired and what kind of substance may be involved.

A DRE conclusion is still an opinion. The defense can examine whether each step was done and documented, how long the evaluation took, and whether the conclusion follows from what was actually recorded.

Blood and urine tests in drug cases

Breath testing measures alcohol, so drug cases often rely on blood or urine. Blood tests are used in some cases, including when drugs are suspected, and the way the sample was collected, handled and analyzed in the lab can all be reviewed.

Urine tests can be used when drug impairment is suspected, but they have an important limit: they show that a substance was present, not necessarily that the person was impaired at the time of driving. Some substances can remain detectable after their effects have worn off.

Separate charges and the defense review

Medication can also lead to a charge that has nothing to do with driving. Prescription medication possessed without a valid prescription can be charged as possession of a controlled substance, a separate offense from DUI.

In a drug DUI case, the defense review looks at the reason for the stop, the officer's observations, any DRE evaluation, the timing and handling of blood or urine samples, and whether the evidence shows impairment rather than mere presence. DUI Lawyers Shield Firm can review those records in a free case review.

Keep reading

• How a Florida DUI Affects Your Auto Insurance Rates
• Arrested for DUI in Florida as an Out of State Driver: What to Do
• Florida DUI Checkpoints: Your Rights and What Officers Actually Look For

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.