In Florida, a person can be arrested and charged with Driving Under the Influence (DUI) if they are driving under the influence of alcohol, a prescription drug, or illegal drugs. A DUI conviction is commonly associated with alcohol, but any form of drugs that can impair a person’s ability to drive safely can result in a DUI conviction. Therefore, you can receive a DUI charge if you are driving under the influence of any prescription medications that you may be taking.
Florida Statute 316.193 highlights that DUI is considered driving under the effect of a substance that affects your normal faculties. The term “normal faculties” can cover a person’s ability to hear, see, walk, talk, drive a vehicle, judge distances, act in an emergency, and much more. This, therefore, means that any substance you take, whether it be illegal or legal, could result in you receiving a DUI if you’re taking it, and it is impairing your driving.
Prescription drug DUI charges can even occur even if a person has a valid reason to be taking the prescription medication. If, however, a person is found driving under the influence of prescription medication and does not have a valid reason for taking the prescription drugs, they could also face receiving a drug possession charge.
The Law Place law firm in Florida can offer you all the legal advice you may require if you have been charged for DUI whilst taking prescription medication. Alternatively, if you have any queries about these charges, you can contact one of our lawyers today who will happily answer any questions you may have. Call us at (941) 444-4444.
What Drugs Are Considered DUI?
In Florida, a driver can be charged with a DUI if they are in the actual physical control of the vehicle whilst under the influence of controlled substances or harmful chemicals. It is possible to be convicted of a DUI in Florida, even if you are not driving the vehicle. This is because, similar to a physical control charge for alcohol, a driver who is under the influence of drugs and has the physical control of a vehicle means that they can drive and be a threat.
The Florida Statute 316.193 states that a driver is classed as “under the influence” if they have taken a drug, and their “normal faculties are impaired.” This simply means that what they have taken has affected the driver’s physical or mental capacities largely. Therefore, it is important to note that you can be charged with a DUI in Florida if you are under the influence of either recreational or prescription drugs.
The law enforcement officers in Florida are forced to establish whether your normal faculties are impaired by using field sobriety tests. These tests can establish what the alcohol and drug concentration of your blood is. These officers may also test for the presence of prescription drugs or illegal drugs in a person’s system by using DUI blood tests and DUI urine tests in accident cases, which resulted in serious injuries or even death.
Florida differs from other States in the US in the sense that for a judge to convict you of DUI of drugs, the prosecutor has to prove more than the fact that there were drugs in your system. They have to show that a driver was actually under the influence of a drug in a way that affected their ability to drive.
If you have any further questions or queries in regards to what drugs are considered DUI, contact our legal team at The Law Place today to speak to one of our attorneys. They have the knowledge to help you in any way possible.
Can You Get a DUI for Driving on Adderall?
Adderall (amphetamine) is a prescription medication that most commonly treats people with attention deficit hyperactivity disorder (ADHD) and narcolepsy. This prescription drug is a stimulant and has incredibly addictive qualities. Adderall is a legal drug if it has been prescribed, but it is often misused as it is popular amongst high school and college students due to its perceived study-enhancing benefits. The United States Drug Enforcement Administration (DEA) has classed Adderall as a Schedule II narcotic.
You can receive a DUI for driving on Adderall. A lot of people do not realize that driving under any form of influence can result in arrest and conviction. It does not matter whether the prescription medications you have been using are legal if you take Adderall and drive; you risk being arrested for DUI.
Law enforcement in Florida may stop a driver on suspicion of prescription medication DUI in the same way they would stop someone driving under the influence of alcohol. A breath test can highlight whether any alcohol was consumed with prescription medication. A field sobriety test would be able to establish whether the driver was in control of their normal faculties or not.
However, these tests are inconclusive, which means that an arrest for prescription medication DUI must involve a urine test or blood test to further prove that the medication was in the driver’s system. How much Adderall impacts upon a driver’s ability to drive entirely depends on how much they have taken.
Some of the most common DUI cases which involve prescription medications include Narcotic Analgesics (painkillers) and Central Nervous System (CNS) Depressants.
We’re here to serve you. Our phones are open 24 hours a day. Can You Get a DUI on Xanax?
Xanax (alprazolam) is a short-acting benzodiazepine. This legal medication is usually prescribed to people who suffer from panic disorders or anxiety. This medication is considered to be a mild tranquilizer as it helps to calm a person down and creates a feeling of relaxation. However, in high doses, Xanax has the potential to be abused and result in addiction.
Despite Xanax being a legal medication, you can be arrested in Florida for DUI if you are in physical control of a vehicle, and your normal faculties are impaired by the medication. Just because you may have been prescribed Xanax and it may be legal for you to take, does not mean that you won’t be arrested by law enforcement if you are found to be driving with it in your system.
We’re Florida’s top litigation team with over 75 years of combined experience Can You Drive While Taking Pain Medication?
When people think about DUI, they often think of alcohol. However, some people face these charges for more innocent reasons. Prescription drugs in Florida can be the reason for some people receiving a driving under the influence charge. A person who takes their legal medication but then gets behind the wheel can face a charge for impaired driving.
If you or someone you know has been prescribed pain medication, it is important to make sure that you are not drowsy or in any other altered state if you decide to get behind the wheel. If you begin a journey and suddenly feel the medication starting to affect you, you should stop until you are off the medication. Never drive if you are feeling drowsy as a result of your prescription medication. If you do, you are putting not only your own but countless lives at risk.
You can drive if you take pain medication as a legal drug but always be sensible. Never drive if you feel like the medication is affecting you as you can be charged if your ability to drive is impaired. We would advise at The Law Place that, if possible, avoid driving at all if you have been prescribed pain medication for the safety of yourself and others.
From the initial call to updates on your case status, we are here to get you answers. Can You Get a DUI for Taking Prescription Drugs? FAQ
Can I be charged with a DUI for driving after taking prescription drugs with a valid prescription?
Yes, you can be charged with a DUI even if you have a valid prescription for the medication you’ve taken. If a law enforcement officer determines that your ability to safely operate a motor vehicle is impaired due to the effects of the prescription drugs, you could face DUI charges.
What are per se DUI laws, and how do they apply to legal drugs?
Per se DUI laws make it illegal to operate a motor vehicle with a blood alcohol concentration (BAC) at or above the legal limit, typically 0.08%. While these laws primarily target alcohol consumption, many states have similar regulations for certain drugs, meaning that driving with detectable levels of these substances could result in a DUI charge, regardless of impairment.
How do impairment DUI laws affect drivers using prescribed medications?
Impairment DUI laws focus on the driver’s actual ability to operate a motor vehicle safely. Under these laws, a driver can be charged with a DUI if prescription or over-the-counter medications impair their driving ability, regardless of whether the drug is legal or the driver has a valid prescription.
Can over-the-counter medications lead to a DUI charge?
Yes, over-the-counter medications can lead to a DUI charge if they impair your driving ability. Many common medications, such as antihistamines or cough syrups, can cause drowsiness or other side effects that affect your ability to safely operate a motor vehicle.
What should I do if I’m pulled over by a law enforcement officer and I’ve taken prescription or over-the-counter drugs?
If you’re pulled over and you’ve taken drugs that could impair your driving, be honest with the law enforcement officer about what you’ve taken and when. However, it’s important to avoid admitting fault or providing details that could be used against you. If you’re arrested or charged with a drug-related DUI, contact an experienced DUI attorney immediately.
How can prescribed medications affect my ability to safely operate a vehicle?
Certain drugs, including prescribed medications, can impair your driving by causing drowsiness, affecting your reaction times, blurring your vision, or impacting your judgment and coordination. It’s crucial to understand the side effects of any medication you’re taking and how it could affect your driving ability.
What role does an experienced DUI attorney play in cases involving prescribed medications?
An experienced DUI attorney can provide crucial assistance in cases where prescribed medications have led to DUI charges. They can challenge the evidence against you, argue for the legitimacy of your medication use, and work to minimize the impact of the charges on your life. They can also help navigate complex legal arguments related to impairment and the effects of certain drugs on your ability to drive.
Are there legal defenses available if I’m charged with a DUI for taking prescribed medications?
Yes, there are several legal defenses available for those charged with a DUI due to prescribed medication use. These can include challenging the accuracy of impairment assessments, proving that you were not impaired at the time of driving, or demonstrating that you were unaware of the medication’s impairing effects. An experienced DUI attorney can help identify and employ the most effective defense strategy for your situation.
Call The Law Place
If you’re facing DUI charges related to prescription or over-the-counter medication use, don’t navigate this complex legal challenge alone. Contact The Law Place today for a free consultation. Our team of experienced DUI attorneys understands the nuances of drug-related DUI cases and is committed to defending your rights and your ability to drive.
Let us help you understand your legal options and fight for the best possible outcome in your case. Reach out now to ensure that your side of the story is heard and to take the first step towards safeguarding your future.
Even if you haven’t been charged but just have questions generally about prescription drugs and convictions, we can help. Call us today on (941) 444-4444.
